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herein conferred shall not be construed as a waiver or relinquishment of that right or of <br /> that Party's right to assert or rely upon the terms and conditions of this Contract. Any <br /> express waiver of a term of this Contract shall not be binding and effective unless made <br /> in writing and properly executed by the waiving Party. <br /> 24. Entire Agreement. These terms and conditions constitute the entire agreement between <br /> the parties regarding the subject matter hereof. All discussions and negotiations are <br /> deemed merged in this Contract. <br /> 25. Headings and Captions. Headings and captions contained in this Contract are for <br /> convenience only and are not intended to alter any of the provisions of this Contract and <br /> shall not be used for the interpretation of the validity of the agreement or any provision <br /> hereof. <br /> 26. Survivability. All covenants, indemnities, guarantees,releases,representations and <br /> warranties by any Party and any undischarged obligations of the parties arising prior to <br /> the expiration of this Contract(whether by completion or earlier termination), shall <br /> survive such expiration. <br /> 27. Counterparts. This Contract may be executed simultaneously in two or more <br /> counterparts that, when taken together, shall be deemed an original and constitute one <br /> and the same document. The signature of any Party to the counterpart shall be deemed a <br /> signature to the Contract, and may be appended to, any other counterpart. Facsimile and <br /> email transmissions of executed signature pages shall be deemed as originals and <br /> sufficient to bind the executing Party. <br /> 7 <br />