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the provisions of this Agreement and not involving the assumption of obligations <br /> other than those provided for in this Agreement, to carry out the intent of this <br /> Agreement . <br /> Section 9 . 11 . Waivers <br /> No provision of this Agreement shall be deemed waived without the express <br /> written consent of the Party granting the waiver . The waiver by either Party of a <br /> default or a breach of any provision of this Agreement by the other Party shall <br /> not operate or be construed to operate as a waiver of any subsequent default or <br /> breach . The making or the acceptance of a payment by either Party with <br /> knowledge of the existence of a default or breach shall not operate or be <br /> construed to operate as a waiver of any subsequent default or breach . <br /> Section 9 . 12 . Entire Agreements Modifications ; Exhibits <br /> The provisions of this Agreement ( except captions ) , including the exhibits <br /> annexed hereto, shall ( a ) constitute the entire agreement between the Parties, <br /> superseding all prior or contemporaneous negotiations, understandings or <br /> agreements and ( b ) not be modified in any respect except by express written <br /> agreement executed by the Parties . The exhibits attached hereto are <br /> incorporated by reference . In the event of any conflict between the text of this <br /> Agreement and such exhibits, the text of this Agreement shall govern . <br /> Section 9 . 13 . Headings <br /> Captions and headings in this Agreement are for ease of reference only and do <br /> not constitute a part of this Agreement . Captions and headings shall not be <br /> deemed to affect the meaning or construction of any of the terms or provisions <br /> hereof. <br /> Section 9 . 14 . Counterparts <br /> This Agreement may be executed in more than one counterpart, each of which <br /> shall be deemed to be an original . <br /> Section 9 . 15 . Venue <br /> Any and all suits for breach of this Agreement shall be instituted and maintained <br /> in a state or federal court of competent jurisdiction having jurisdiction over <br /> Indian River County, Florida . <br /> Section 9 . 16 . Governing Law and Construction <br /> This Agreement and any questions concerning its validity, construction and <br /> performance shall be governed by the laws of the State of Florida , without giving <br /> effect to any conflicts - of- law rules requiring the application of the substantive <br /> laws of other jurisdictions . The language of this Agreement shall be construed <br /> - 20 - <br />