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13. Attorneys' Fees. If any legal action is brought to enforce or construe the terms of this Agreement or because of an alleged dispute, breach, or default in connection with any provision of this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees, expert fees and court costs incurred in the action or any appeal. 14. Waiver. The failure or delay of a party at any time to require performance by the other party of any provision of this Agreement shall not affect in any way the full right to require performance at any time thereafter. Nor shall the waiver by a party of a breach of any provision of this Agreement be taken or held to be a waiver of the provision itself. No waiver shall be binding unless executed in writing by the party making the waiver. 15. Miscellaneous. If any part of this Agreement is determined to be unenforceable, it shall not affect the enforceability of any other part. Any modification of this Agreement must be set forth in writing and signed by each party. Notices must be in writing and delivered to the address that the party designates below for notice (unless changed by notice). Notices sent by certified United States Mail shall be deemed delivered either at the time of actual receipt or on the third (3rd) day after mailing, whichever occurs first. No rule of strict construction shall be applied against either party. The headings of the various sections of this Agreement are for convenient reference only and shall have no interpretative effect on the provisions of this Agreement. This Agreement may be executed in counterparts. The facsimile signature of a party shall be treated as an original signature in all respects. [SIGNATURES ON FOLLOWING PAGE] -4-