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<br />4.2 <br /> <br />No Waiver. No waiver of any default or breach of any covenant of this <br /> <br />Agreement by either party shall be implied from any omission by either party to take action on <br /> <br />account of such default if such default persists or is repeated. No express waiver shall affect <br /> <br />any default not specified in the waiver, and the waiver shall be operative only for the time or <br /> <br />extent stated. The consent or approval by either party to or of any act by either party requiring <br /> <br />further consent or approval shall not be deemed to waive or render unnecessary consent or <br /> <br />approval to any subsequent, similar acts. <br /> <br />4.3 <br /> <br />Assignment. All of the terms, provisions and conditions of this <br /> <br />Agreement shall be binding upon and inure to the benefit of the parties and their respective <br /> <br />successors, assigns, and legal representatives. <br /> <br />4.4 <br /> <br />Governine: Law. This Agreement shall be governed by the laws of the <br /> <br />State of California as applied to contracts that are made and performed entirely in California. <br /> <br />4.5 <br /> <br />Modifications. This Agreement may only be modified in a writing <br /> <br />executed by both parties. <br /> <br />4.6 <br /> <br />Dispute Resolution. Any claim, controversy, action or proceeding <br /> <br />arising out of or relating to this Agreement or to any document, instrument or exhibit executed <br /> <br />pursuant to this Agreement shall be tried within the County of San Mateo by a judge pro tem <br /> <br />appointed pursuant to Article VI, Section 21 of the California Constitution and Rule 244 of the <br /> <br />California Rules of Court. Said judge is to be selected by counsel for the parties from a list of <br /> <br />retired judges furnished by the presiding judge of the County of San Mateo. If counsel are <br /> <br />unable to select a judge pro tern said judge will be selected by the presiding judge from the list <br /> <br />provided. Each party shall pay their pro rata share of the fee for the judge pro tem. Each <br /> <br />-10- <br /> <br />631214.2 <br /> <br />.-"..-... "-"""._,,, <br />