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The illegality, invalidity, or unenforceability of any provision of this Agreement shall not affect the legality, validity, or unenforceability of the remaining provisions, and this Agreement shall be construed in all respects as if any illegal, invalid, or unenforceable provision (as determined by a court of competent jurisdiction) were omitted. 28. Waiver. No waiver by either Party of a breach of any provision of this Agreement shall be effective unless made in writing and no such waiver shall be construed as a waiver of any subsequent or different breach. No forbearance by a party to seek a remedy for noncompliance or breach by the other party shall be construed as a waiver of any right or remedy with respect to such noncompliance or breach. [The Remainder of the Page has been intentionally left blank. The Signature Page Immediately Follows.] 6