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12.7 No~-Waiver Provision <br /> Failure of either party to exercise any of the remedies set forth herein within the <br /> time periods provided for shall not constitute a waiver of any rights of that party <br /> with regard to that failure to perform or subsequent failures to perform, whether <br /> determined to be a breach, excused performance, or unexcused defaults, by the <br /> other party. <br /> <br />7 12.8 Integrated Contract <br />8 This Agreement represents the full and complete understanding of every kind or <br />9 nature whatsoever between the parties hereto, and all preliminary negotiations <br />10 and agreements of whatsoever kind or nature are merged herein. No verbal <br />11 agreement or implied covenant shall be held to vary the provisions hereof. Any <br />12 modification of this Agreement will be effective only by written execution signed <br />13 by both Agency and Company. <br /> <br />14 12.9 Inserted Provisions <br />15 Each provision and clause required by law to be inserted into the Agreement <br />16 shall be deemed to be enacted herein, and the Agreement shall be read and <br />17 enforced as though each were included herein. If through mistake or otherwise, <br />18 any such provision is not inserted or is not correctly inserted, the Agreement <br />19 shall be amended to make such insertion on application by either party. <br /> <br />20 12.10 Execution: Effective Date <br />21 This Agreement shall be executed in duplicate original counterparts by the <br />22 parties. Irrespective of the date this Agreement is so executed, the effective date <br />23 hereof shall be, and is January 1, 1997. <br /> <br /> Page 67 8/2/96 <br /> <br /> <br />