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<br />complete and exclusive expression of the terms and conditions thereof. Prior agreements, <br />representations, negotiations, and understandings of the parties hereto, oral or written, express or <br />implied, are hereby superseded and merged herein. <br /> <br />9. Modification. This Agreement may not be modified in any respect or <br />rescinded, in whole or in part, except by an instrument in writing, duly executed by both parties, <br />their successors or assigns. <br /> <br />10. Severabilitv. If any term, covenant, condition or provision ofthis Agreement, <br />or the application thereof to any person or circumstance, shall to any extent be held by a court of <br />competent jurisdiction to be invalid, void or unenforceable, the remainder of the terms, <br />covenants, conditions or provisions ofthis Agreement, or the application thereof to any person or <br />circumstance, shall remain in full force and effect and shall in no way be affected, impaired or <br />invalidated thereby. <br /> <br />11. Construction. The rule of strict construction does not apply to this <br />Agreement. The language of this grant shall be construed simply, according to its fair meaning, <br />so that the intention of the parties is carried out. <br /> <br />12. Waiver and Default. The waiver by one party ofthe performance of any <br />provision ofthis Agreement shall not invalidate this Agreement nor shall it be considered a <br />waiver by it of any other provision under this Agreement or of any subsequent breach by the <br />other party of the same provision. <br /> <br />13. Counterparts. This Agreement may be executed in one or more counterparts, <br />and bear the signature of each party on a separate counterpart, each of which when so executed <br />and delivered shall be deemed an original but all of which taken together shall constitute but one <br />and the same instrument. <br /> <br />[SIGNATURES ON FOLLOWING PAGE] <br /> <br />Exhibit G <br /> <br />40836735.16 <br />