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be deemed to be a waiver or a forfeiture of the right to enforce any term, condition, covenant, or <br />purpose of this Agreement in the future. No waiver by either party of any default under this <br />Agreement shall be effective or binding upon such party unless made in writing. <br />10 Severability If any term or provision of this Agreement or the application thereof to any <br />person or circumstance shall, to any extent, be invalid or unenforceable, such term or provision <br />shall be deemed severable and the remaining terms and provisions hereof shall continue in full <br />force and effect. <br />11 Notices. Any notices given under the provisions of this Agreement shall be valid if <br />deposited with the United States Postal Service or with a recognized overnight courier service <br />addressed to Licensor or to Licensee at the addresses stated above <br />12. Independent Advice. Each Party acknowledges that it is not relying on the other Party for <br />legal, financial, or tax advice in connection with its execution of this Agreement. <br />13 Attorney Fees and Costs. In the event of any litigation between the Parties relating to this <br />License, the prevailing party shall be entitled to costs and reasonable expert and attorney fees <br />incurred in connection with such litigation. <br />14 Counterparts. This Agreement may be executed in any number of counterparts, each of <br />which shall be deemed an original, and all of which shall constitute one and the same agreement. <br />Facsimile or other electronic signatures shall be acceptable to and binding upon all Parties. <br />15 No Recording. The Parties do not intend to record this Agreement, and neither party shall <br />have the right to record it without first obtaining written consent of the other party (which may be <br />obtained via electronic communication such as e-mail) <br />16. Binding on Successors. This Agreement extends to and is binding upon the Parties and <br />their respective heirs, personal representatives, and successors and assigns, as the case may be. <br />17 Complete Agreement. This Agreement consists of all the agreements, understandings, and <br />promises between the Parties with respect to its subject matter This Agreement shall not be <br />modified or amended except by an instrument in writing executed by the Licensor and Licensee, <br />their successors and assigns. <br />[Signature pages follow J <br />217639 1 3 <br />