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This Agreement represents the entire understanding of the parties hereto, and the Parties <br />• expressly agree that it supersedes and controls any and all prior communications, <br />correspondence, memorialization of agreement or prior communication between the Parties or <br />their representatives relative to the matters contained herein. <br />MODIFICATION <br />This Agreement may not be amended or modified, and no provision may be deemed <br />waived, except by a written instrument signed by the duly authorized representatives of all of the <br />Parties, except that the Defendants possess the sole discretion to waive the contingencies to this <br />Agreement set forth in ¶ D. 1. a. — d., above. <br />EXECUTION <br />In the event any dispute, disagreement or controversy arises regarding this Agreement, <br />the Parties shall be considered joint authors and no provision shall be interpreted against any <br />• Party because of authorship. Each party also agrees that it is fully informed as to the meaning <br />and intent of this Agreement and has been advised by counsel in that regard. <br />HEADINGS <br />The headings of paragraphs are designed to facilitate ready reference to subject matter <br />and shall be disregarded when resolving any dispute concerning the meaning or interpretation of <br />any language contained in this Agreement. <br />ENTIRE AGREEMENT <br />This Agreement constitutes the entire agreement between the Parties regarding its subject . <br />matter. Except as expressly set forth in this Agreement, there are no representations, warranties, <br />or inducements, whether oral, written, expressed or implied, that in any way affect or condition <br />• the validity of this Agreement or any of its terms or conditions. All prior negotiations, proposed <br />39 <br />