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resolved against the drafting party, and the parties warrant and agree that the language of this <br />Agreement shall neither be construed for nor against any party hereto. <br />9.0 Modification. <br />No modification or change to this Agreement shall be binding or effective unless <br />executed in writing by both sides. No oral statement shall in any manner modify or affect the <br />terms and conditions set forth herein. <br />10.0 Nonwaiver. <br />The waiver by either party of any breach of any term, covenant or condition <br />contained in this Agreement, or any default in the performance of any obligation under this <br />Agreement, shall not be deemed to be a waiver of any other breach or default of the same or any <br />other term, covenant, condition or obligation. Nor shall any waiver of any incident of breach or <br />default constitute a continuing waiver of the same. <br />11.0 Counterparts. <br />This Agreement may be executed in one or more counterparts, each of which shall <br />be deemed an original, but all of which together shall constitute one and the same instrument. <br />12.0 Authorization. <br />Each person executing this Agreement warrants to the other party that he or she is <br />fully authorized to enter into this Agreement in the capacity indicated by his or her signature. <br />