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12 <br />venues to which it might be entitled by virtue of domicile, habitual residence, or <br />otherwise. <br /> <br />7.9 WAIVER; MODIFICATION AND AMENDMENT. No failure or delay on the <br />part of the Lender in exercising any right, power, or remedy hereunder shall operate as <br />a waiver thereof, nor shall any single or partial exercise of any such right, power, or <br />remedy preclude any other or further exercise thereof or the exercise of any other right, <br />power, or remedy hereunder. No modification or waiver of any provision of this <br />Agreement, nor any consent to any departure by Borrower therefrom, shall in any event <br />be effective unless the same shall be in writing, and then such waiver or consent shall <br />be effective only in the specific instance and for the specific purpose for which given. <br />No notice to or demand on the Borrower in any case shall entitle the Borrower to any <br />other or further notice or demand in similar or other circumstances. No amendment to <br />or modification of this Agreement shall be effective unless and until such amendment or <br />modification is in writing, properly approved in accordance with applicable procedures, <br />and executed by the Parties. <br /> <br />7.10 ASSIGNMENT. This Agreement shall be binding upon and inure to the <br />benefit of the Parties and their respective successors and assigns. Notwithstanding the <br />foregoing, Lender’s obligation to make the Loan is personal to Borrower, and shall not <br />be assignable by Borrower by operation of law or otherwise absent the express written <br />consent of Lender, and any such assignment by operation of law or otherwise shall be <br />void. <br />7.11 NO THIRD PARTY BENEFICIARIES. There shall be no third party <br />beneficiaries to this Agreement. <br />7.12 ENTIRE AGREEMENT; EXHIBITS. This Agreement, together with the <br />other Loan Documents, constitutes the entire agreement between the Parties with <br />respect to the subject matter hereof and supersedes any and all prior or <br />contemporaneous oral or written agreements and negotiations between the Parties with <br />respect thereto. Exhibits A through D attached hereto are incorporated herein by <br />reference as though fully set forth herein. <br />7.13 SURVIVAL. All representations made by Borrower herein and the <br />provisions of Sections 4.7 and 4.8 hereof shall survive the expiration or termination of <br />this Agreement and the making and repayment of the Loan. The representations of <br />Borrower made herein have been or will be relied upon by the Lender, notwithstanding <br />any investigation made by the Lender or on its behalf. <br /> <br />SIGNATURES ON NEXT PAGE