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2008-382
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2008-382
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Agreement and the remainder of this License Agreement shall continue to exist and be <br />enforceable as though the unenforceable term or provision did not exist, unless to do so <br />would materially prevent the accomplishment of the intent of the parties in entering into this <br />License Agreement, in which event this License Agreement shall terminate. <br />13. HEADINGS. The headings and captions used herein are for convenience only <br />and are not to be used in interpreting the obligations of the parties under this License <br />Agreement, <br />14. ASSIGNMENT. Except as set forth in paragraph 5 herein, this License <br />Agreement is personal to Licensee and may not be assigned by any act of Licensee or by <br />operation of law without the consent of Licensor, which consent shall not be unreasonably <br />withheld. Licensor may assign any or all of its rights under this License Agreement, <br />including but not limited to the right to receive payment, without the consent of Licensee. <br />Any such assignment by Licensor shall take effect upon Licensee's notification by Licensor <br />of such assignment. <br />15. GENERAL. This Agreement will be governed by and construed and enforced in <br />accordance with the laws of the State of Florida. <br />16. FORCE MAJEURE. Anything contained in this License Agreement to the <br />contrary notwithstanding, the performance of the obligations of the parties hereto shall be <br />subject to all laws, both present and future, of any government having jurisdiction over the <br />parties hereto, and to orders, regulations, directions, or requests of any such government, or <br />any department, agency, or corporation thereof, and to any contingencies resulting from war, <br />acts of public enemies, strikes, or other labor disturbances, fires, floods, acts of God, or any <br />causes of like or different kind beyond the control of the parties, and the parties hereto shall <br />be excused from any failure to perform or any delay in the performance of any obligation <br />hereunder to the extent such failure or delay is caused by any such law, order, regulation, <br />direction, request, or contingency. <br />17. ENTIRE AGREEMENT. This License Agreement embodies the entire <br />understanding of the parties with respect to the subject matter contained herein and shall <br />supersede all previous communications, representations or understandings, either oral or <br />written, between the parties relating to the subject matter hereof. There are no terms, <br />obligations, covenants, express or implied warranties, representations, statements or <br />conditions other than those set forth in this Agreement. No amendment or modification of <br />this Agreement shall be valid or binding upon the parties unless signed by a respective, duly <br />authorized, representative. <br />[remainder of page intentionally left blank] <br />n <br />
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