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In the event of litigation relating to or arising out of this Agreement, the prevailing party <br />shall be entitled to be reimbursed by the non - prevailing party for all reasonable costs <br />and expenses incurred thereby, including, but not limited to reasonable attorney's fees <br />and costs for services rendered to such prevailing party. <br />5. Indemnity <br />Each party shall indemnify, defend and hold the other party and the Released Parties <br />harmless from and against any claims, damages, demands, liabilities, losses, <br />judgments, expenses and attorney's fees and /or costs resulting from the breach by such <br />indemnifying party of any provision of this Agreement, the falsity of any representation or <br />warranty made by the indemnifying party contained in this Agreement. <br />6. Entire Agreement <br />This Agreement together contains the entire Agreement of the Parties, and supersedes <br />any prior written or oral agreements between them, concerning the subject matter of this <br />Agreement. <br />7. Partiallnvalidity <br />In the event that any term, covenant, condition or provision of this Agreement shall be <br />determined by a court of competent jurisdiction to be invalid or against public policy, the <br />remaining provisions shall continue in full force and effect. <br />8. Waiver and /or Modification <br />The provisions of this Agreement may not be waived, altered, amended or repealed, in <br />whole or in part, except upon a written agreement signed by each of the Parties. The <br />waiver by one party of the performance of any provisions of this Agreement shall not <br />invalidate this Agreement, nor shall it be deemed a waiver of any other provision hereof. <br />8. Headings <br />The headings, subheadings and numbering of the different paragraphs of this <br />Agreement are inserted for convenience and for reference only and shall not be <br />considered for any purpose in construing this Agreement. <br />9. Governing Law <br />The rights and obligations of the Parties under this Agreement shall be construed and <br />enforced in accordance with, and governed by, the laws of the State of California. <br />10. Successors In Interest <br />Subject to any restrictions against assignment contained herein, this Agreement shall <br />inure to the benefit of, and shall be binding upon, the assigns, successors in interest, <br />personal representatives, executors, estates, heirs, legatees, agents and related entities <br />of each of the Parties. <br />11. Necessary Acts <br />4 of 7 <br />