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2007-410
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a `&t 3AT&T300 Florida T: 772-46 -4425 <br /> 3300 Okeechobee Road F : 772-4666-5651 <br /> Fort Pierce, FL 34947 www.att.com <br /> 5 . Severability. Any provision of this Agreement held by a court of competent <br /> jurisdiction to be invalid or unenforceable shall not impair or invalidate the remainder <br /> of this Agreement and the effect thereof shall be confined to the provision so held to <br /> be invalid or unenforceable. <br /> 6. Successors and Assigns. This Agreement is binding upon and shall inure to the <br /> benefit of the parties and their respective successors and assigns. <br /> 7. Counterparts. This Agreement may be executed in one or more counterparts, each <br /> of which when so executed shall be deemed to be an original, but all of which when <br /> taken together shall constitute one and the same instrument. <br /> 8 . Effect of Waiver. No consent or waiver, express or implied shall be deemed a <br /> consent to or waiver of any other breach of the same or any other covenant, condition <br /> or duty. <br /> 9. Headings. The headings, captions, and arrangements used in this Agreement are for <br /> convenience only and shall not affect the interpretation of this Agreement. <br /> 10. Modification. This Agreement constitutes the entire agreement between the parties <br /> and can only be changed in a writing or writings executed by both of the parties. <br /> Each of the parties forever waives all right to assert that this Agreement was the result <br /> of a mistake in law or fact. <br /> 11 . Interpretation. The parties agree that this Agreement shall not be interpreted in <br /> favor or against either any party. The parties further agree that they entered into this <br /> Agreement after conferring with legal counsel, or after having a reasonable <br /> opportunity to confer with legal counsel . <br /> 12. Applicable Law. This Agreement shall be governed and interpreted in accordance <br /> with the laws of the State of—Florida_, without regard to _Florida ' s conflict of <br /> law principles. <br /> 13 . Attornevs ' fees. If either party materially breaches this Agreement and should the <br /> non-breaching party seek to enforce it rights through legal action, the prevailing party <br /> shall recover from the other party all costs and expenses incurred, including, but not <br /> limited to, reasonable attorneys' fees . <br /> 14 . Authority. The signatories to this Agreement represent and warrant that they are <br /> duly authorized to execute this Agreement. <br /> 15 . No Precedent. Except for the matters resolved and released herein, this Agreement is <br /> of no value and shall not be considered precedent for resolving any dispute that may <br /> arise in the future. <br /> 4 %pef" 0 v . , ,C rp'm <br />
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