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(g) In connection with the foregoing provisions, each party acknowledges, <br /> warrants and represents that: <br /> <br /> (i) It has been fully informed by and represented by counsel of that party's <br /> choice in connection with the rights and remedies of that party under, and the <br /> waivers contained in those provisions; and <br /> <br /> (ii) After that advice and consultation, it has presently and actually intended, <br /> with full knowledge of that party's rights and remedies otherwise available at law <br /> or in equity, to waive and relinquish those rights and remedies to the extent <br /> specified. <br /> <br />20. Litigation Expenses. <br /> <br />(a) If either party brings an action Or proceeding (including any cross-complaint, <br /> counterclaim, or third-party claim) against the other party by reason of an Event of <br /> Default, or otherwise arising out of this Agreement, the prevailing party in that action or <br /> proceeding is entitled to its costs and expenses of suit, including reasonable attorneys' <br /> fees, which are payable whether or not the action is prosecuted to judgment. <br /> <br />(b) If either party must initiate or defend any action or proceeding with a third person <br />(including, without limitation, any cross-complaint, counterclaim or third-party claim) <br />because the other party is in default under this Agreement, or has failed to enforce this <br />Agreement, or otherwise failed to perform duties or obligations arising out of this <br />Agreement, whether that failure constitutes a default under this Agreement, and the <br />party initiating or defending the action or proceeding prevails therein, then the prevailing <br />party is entitled to reasonable attorneys' fees from the other party. <br /> <br /> -15- <br />Agmt450113001 <br />FXS:dr <br />02/04/02R, 02/12/02R <br /> <br /> <br />