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party, whether in contract , tort or otherwise, relating directly or indirectly to this Agreement or <br /> any acts or omissions of Consultant in connection therewith or contemplated thereby. <br /> 8 . 16 Invalidi <br /> The invalidity or unenforceability of any provision or covenant contained in this <br /> Agreement shall not affect the validity or enforceability of any other provision or covenant <br /> herein contained and any such invalid provision or covenant shall be deemed to be severable. <br /> 8 . 17 Waiver <br /> A term or condition of this Agreement may be waived or modified only by written <br /> consent of both parties . Forbearance or indulgence by either party in any regard shall not <br /> constitute a waiver of the term or condition to be performed , and either party may evoke any <br /> remedy available under the Agreement or by law despite such forbearance or notice . <br /> 8 . 18 Counterparts <br /> This Agreement may be executed in counterparts (whether by facsimile signature <br /> or otherwise) , each of which when so executed shall constitute an original and all of which <br /> together shall constitute one and the same instrument . <br /> 8 . 19 RFP Response <br /> Consultant ' s response to Organization ' s RFP is attached hereto and incorporated <br /> herein as Schedule F . . Organization acknowledges that Consultant, after it has been selected by <br /> Organization, re- evaluates its proposal relative to the Organization ' s RFP to determine if any <br /> updates or revisions are necessary. Any such updates and revisions are attached hereto as part of <br /> Schedule F . <br /> 8 . 20 Competitive Bid <br /> Organization has conducted a competitive evaluation and has concluded such <br /> efforts with this negotiated Agreement (including any addenda hereto) ; therefore, this Agreement <br /> may serve as the basis for similar agreements whereby other entities may contract separately <br /> with Consultant . Organization agrees that Consultant may disclose all or any portion of this <br /> Agreement to any of its current or prospective customers . <br /> 8 . 21 Further Assurances <br /> The parties shall do all such things and provide all such reasonable assurances as may be <br /> required to consummate the transactions contemplated hereby, and each party shall provide such <br /> further documents or instruments required by any other party as may be reasonably necessary or <br /> desirable to effect the purposes of this Agreement and carry out its provisions . <br /> 8 . 22 Expiration of Offer <br /> This agreement and pricing contained herein will expire if not signed by the Organization <br /> and returned to Consultant on or before December 31 , 2009 . <br /> 24 <br />