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<br />6.1A <br />Page 17 <br /> <br />such proceeding or appeal, such costs, expenses, and attorney's fees (including the reasonable value of <br /> <br />in-house counsel services) shall be determined by the court or arbitration panel handling the proceeding <br /> <br />and shall be included in and as part of such judgment. <br /> <br />20.2 Misrepresentations. <br /> <br />Any statements submitted to Licensor by Licensee are <br /> <br />considered inducements to execute this License. Misrepresentations shall entitle Licensor to terminate <br /> <br />this License. <br /> <br />20.3 Entire Aareement. This Agreement contains all the terms, covenants, conditions <br /> <br />and agreements between Licensor and Licensee relating in any manner to the use and occupancy of the <br /> <br />premises. No prior or other agreement or understanding pertaining to the same shall be valid or of any <br /> <br />force and effect; and the terms, covenants and conditions of this Agreement cannot be altered, changed. <br /> <br />modified or added to, except in writing signed by Licensor and Licensee. <br /> <br />20.4 Captions, Definitions and Severabilitv. The captions of the sections and <br /> <br />subsections of this Agreement are for convenience and easy reference only and shall not be considered <br /> <br />or referred to in resolving questions of construction. Whenever in this Agreement any words of obligation <br /> <br />or duty are used, such words shall have the same force and effect as though made in the form of <br /> <br />covenants. All of the covenants and agreements herein contained are conditions, and the strict and <br /> <br />prompt performance of each shall be conditions precedents to the right or to have this Agreement <br /> <br />continue in effect. Should any provision of this Agreement be adjudged to be invalid, void or illegal, such <br /> <br />adjudication shall in no way effect. impair or invalidate any other provisions hereof, the parties hereto <br /> <br />agreeing that they would have entered into the remaining portion of this Agreement notwithstanding the <br /> <br />omission of the portion or portions adjudged invalid, void or illegal. <br /> <br />20,5 Relationship of the Parties. Nothing contained in this Agreement shall be <br /> <br />deemed or construed by the parties hereto, or by a third person, to create the relationship of principal and <br /> <br />agent or of partnership or of joint venture or of trustee and beneficiary or of any association between <br /> <br />Licensor and Licensee, and neither any provisions contained in this License nor any acts of the parties <br /> <br />hereto, shall be deemed to create any relationship between Licensor and Licensee other than the relation <br /> <br />of Licensor and Licensee, <br /> <br />A TrY! AGR/2007 .002 <br />012407 <br /> <br />15 <br />