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11.9. HEADINGS. The headings of the sections contained in this Agreement <br />are included herein for reference purposes only, solely for the convenience of the <br />parties hereto, and shall not in any way be deemed to affect the meaning, <br />interpretation or applicability of this Agreement or any term, condition or <br />provision hereof. <br />11.10. EXECUTION AND COUNTERPARTS. This Agreement may be <br />executed in any number of counterparts, each of which when so executed and <br />delivered shall be deemed an original, and such counterparts together shall <br />constitute only one instrument. Any one of such counterparts shall be sufficient <br />far the purpose of proving the existence and terms of this Agreement, and no <br />party shall be required to produce an original or all of such counterparts in <br />making such proof. <br />11.11. COVENANT OF FURTHER ASSURANCES. All parties to this <br />Agreement shall, upon request, perform any and all acts and execute and deliver <br />any and all certificates, instruments and other documents that may be necessary <br />or appropriate to carry out any of the terms, conditions and provisions hereof or <br />to carry out the intent of this Agreement. <br />11.12. REMEDIES CUMULATIVE. Each and all of the several rights and <br />remedies provided for in this Agreement shall be construed as being cumulative <br />and no one of them shall be deemed to be exclusive of the others or of any right <br />or remedy allowed by law or equity, and pursuit of any orte remedy shall not be <br />deemed to be an election of such remedy, or a waiver of any other remedy. <br />11.13. BINDING EFFECT. This Agreement shall inure to the benefit of and be <br />binding upon all of the parties hereto and their respective executors, <br />administrators, successors and permitted assigns. <br />11.14. COMPLIANCE WITH LAWS. Nothing contained in this Agreement <br />shall be construed to require the commission of any act contrary to law, and <br />whenever there is a conflict between any term, condition or provision of this <br />Agreement and any present or future statute, law, ordinance or regulation <br />contrary to which the parties have no legal right to contract, the latter shall <br />prevail, but in such event the term, condition or provision of this Agreement <br />affected shall be curtailed and limited only to the extent necessary to bring it <br />within the requirement of the law, provided that such construction is consistent <br />with the intent of the Parties as expressed in this Agreement. <br />11.15. NO THIRD PARTY BENEFIT. Nothing contained in this Agreement <br />shall be deemed to confer any right or benefit on any Person who is not a party to <br />this Agreement. <br />11.16. INJUNCTIVE- RELIEF; SPECIFIC PERFORMANCE. The parties <br />hereby agree and acknowledge that a breach of Sections 4.1 (License), 4.3 <br />Restricted Use) or 7 {Confidentiality) of this Agreement would result in severe <br />and irreparable injury to the other party, which injury could not be adequately <br />compensated by an award of money damages, and the parties therefore agree and <br />acknowledge that they shall be entitled to injunctive relief in the event of any <br />breach of any material term, condition or provision of this Agreement, or to <br />enjoin or prevent such a breach, including without limitation an action for <br />specific performance hereof. <br />16