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<br />5 <br /> <br /> <br /> <br />f. Severability. If any term, provision, covenant or condition of this <br />Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the <br />remainder of the provisions shall remain in full force and effect. <br /> <br />g. Authority. Each person executing this Agreement on behalf of a Party <br />represents and warrants that such person is duly and validly authorized to do so on behalf of the <br />entity it purports to bind and has full right and authority to enter into this Agreement and perform <br />all of its obligations hereunder. <br /> <br />h. No Agency Relationship. Neither Party, nor any of a Party’s agents, <br />contractors, or subcontractors are, or shall be, considered to be agents of the other Party in <br />connection with the performance of any of the Parties’ obligations under this Agreement. <br /> <br />i. Attorneys’ Fees and Costs. Either Party may bring a lawsuit to enforce or <br />require performance of the terms of this Agreement, and the prevailing Party in such suit or <br />proceeding shall be entitled to recover from the other Party its reasonable costs and expenses, <br />including attorneys’ fees. <br /> <br />j. Time of Essence. Time is of the essence of each and every provision of <br />this Agreement. <br /> <br />k. Complete Agreement. This Agreement represents the complete <br />understandings and agreements of the Parties and no prior oral or written understandings are in <br />force and effect. <br /> <br />l. No Third Party Beneficiaries. This Agreement is not intended to, and does <br />not, create any private rights of action to third parties; no third parties are the intended <br />beneficiaries of this Agreement. <br /> <br />m. Counterparts. This Agreement may be executed in any number of <br />counterparts, each of which shall be deemed an original, but all of which shall constitute one and <br />the same instrument. <br /> <br /> <br /> <br /> <br />[Remainder of page intentionally blank; signatures on following pages]