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<br />6.18 <br />Page 12 <br /> <br />to bind the party on whose behalf he, she or it is executing this <br />Amendment No. 1 to the terms hereof. <br /> <br />e. The making, execution and delivery of this Amendment <br />No. 1 by the parties hereto has been induced by no representations, <br />statements, warranties or agreements other than those expressly set <br />forth herein. <br /> <br />f. Wherever possible, each prov1s1on of this Amendment <br />No.1 shall be interpreted in such a manner as to be valid under <br />applicable law, but, if any provisions of this Amendment No. 1 <br />shall be invalid or prohibited thereunder, such invalidity or <br />prohibition shall be construed as if such invalid or prohibited <br />provision had not been inserted herein and shall not affect the <br />remainder of such provision or the remaining provisions of this <br />Amendment No.1. <br /> <br />g. The language in all parts of this Amendment No. 1 <br />shall be in all cases construed simply according to its fair <br />meaning and not strictly for or against any of the parties hereto. <br />Section headings of this Amendment No. 1 are solely for convenience <br />of reference and shall not govern the interpretation of any of the <br />provisions of this Amendment No.1. References to "Sections" are <br />to sections of this Amendment No. 1 or to the DDA, unless otherwise <br />specifically provided. <br /> <br />h. This Amendment No. 1 shall be governed by and <br />construed in accordance with the laws of the State of California <br />without regard to the conflict-of-law principles of said State. <br /> <br />i. If any action is brought by either party against the <br />other party, relating to or arising out of this Amendment No.1, <br />the transactions described herein or the enforcement hereof, the <br />prevailing party shall be entitled to recover from the other party <br />reasonable attorney's fees, costs and expenses incurred in the <br />connection with the prosecution or defense of such action. <br /> <br />j . This Amendment No. 1 shall be binding upon and inure <br />to the benefit of each of the parties hereto and to their <br />respective transferees, successors and assigns. <br /> <br />[END OF THIS PAGE] <br /> <br />7 <br />