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� understanding, express or implied, of any kind or with respect to any subject matter between the <br /> ;� parties hereto, and none shall be deemed to exist under any circumstances. This Assignment and <br /> ' Assumption Agreement is not intended to confer upon any person not a party hereto any rights or <br /> remedies hereunder. <br /> (e) Assignment; Bindin E� ffect. This Assignment and Assumption Agreement <br /> and the rights, interests and obligations of Assignor hereunder may not be assigned or transferred <br /> by Assignor (whether by merger, consolidation, reorganization, change of control, sale of all or <br /> substantially all of such party's assets or securities, operation of law, or otherwise) without the <br /> express prior written consent of Assignee. Subject to the preceding sentence, this Assignment <br /> and Assumption Agreement shall be binding upon and inure to the benefit of the parties hereto <br /> and their respective successors and assigns. <br /> (� Amendments; Waiver. This Assignment and Assumption Agreement may <br /> not be modif ed or amended except by an instrument or instruments in writing signed by the <br /> party against whom enforcement of any such modification or amendment is sought. Any�party <br /> hereto may, only by an instntment in writing, waive compliance by any other party hereto with <br /> any term or provision of tlus Assignment and Assumption Agreement on the part of such other <br /> party hereto with which to be performed or complied. The waiver by any party hereto of a breach <br /> of any term or provision of this Assignment and Assumption Agreement shall not be construed <br /> as a waiver of any subsequent breach. <br /> (g) Severabilitv. If any provision of this Assignment and Assumption <br /> Agreement or the applicati.on of such provision to any person, entity or circumstance shall be <br /> held invalid, the remainder of this Assignment and Assumption Agreement or the application of <br /> such provision to persons, entities or circumstances other than those to which if is held invalid <br /> shall not be affected thereby, but the term, condition or provision of this Assignment and <br /> Assumption Agreement so invalidated shall be curtailed and limited only to the extent necessary <br /> to bring it within the requirement of the law. <br /> [Remainder of page intentionally left blank] <br /> 3 <br />