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under any circumstances for any direct, indirect, special, compensatory, consequential, punitive <br /> or exemplary damages, regardless of whether the claim for damages is based on contract, tort, <br /> statute or other basis of liability. <br /> (d) Indemnification Survives Termination. The rights and obligations set <br /> forth in this Section 5.08 shall survive termination of this Agreement. <br /> 1 <br /> 1 <br /> Section 5.09. Amendment of this Agreement. This Agreement may be amended from <br /> time to time, in whole or in part, only by written amendment executed by the Parties. <br /> Section 5. 10. This Agreement may be executed in two (2) duplicate originals, each of <br /> which is an original, but all of which taken together is considered one and the same instrument. <br /> [Signature Page Follows] <br /> Page 8 of 9 <br /> REV: 08-10-16 VR <br /> ATTY/AG R.2016.211 /Watt Communities, LLC <br />