RELATING TO OR ARISING OUT OF THIS AGREEMENT; (III) WAIVES ANY OBJECTION THAT IT
MAY HAVE TO THE LAYING OF VENUE IN ANY SUCH SUIT, ACTION OR PROCEEDING IN ANY
SUCH COURT; AND (IV) AGREES THAT SERVICE OF ANY COURT PAPER MAY BE MADE IN SUCH
MANNER AS MAY BE PROVIDED UNDER APPLICABLE LAWS OR COURT RULES GOVERNING SERVICE
OF PROCESS.
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17.11
WAIVER.
WEEKS AND GLDD, OR EITHER OF THEM, MAY WAIVE IN WRITING ANY
BREACH OF THE TERMS AND CONDITIONS OF THIS AGREEMENT BY THE OTHER PARTY, BUT NO
SUCH WAIVER SHALL CONSTITUTE A CONTINUING WAIVER OF SIMILAR OR OTHER BREACHES OF
TERMS AND CONDITIONS HEREOF.
ALL REMEDIES, RIGHTS, UNDERTAKINGS, OBLIGATIONS,
AND AGREEMENTS CONTAINED HEREIN SHALL BE CUMULATIVE AND NOT MUTUALLY EXCLUSIVE.
17.12
SEVERABILITY.
IF ANY OF THE TERMS AND CONDITIONS HEREOF SHALL FOR
ANY REASON BE HELD TO BE LEGALLY INVALID OR UNENFORCEABLE IN ANY RESPECT, SUCH
INVALIDITY, ILLEGALITY, OR UNENFORCEABILITY SHALL NOT AFFECT ANY OTHER OF THE
TERMS AND CONDITIONS HEREOF AND THE TERMS AND CONDITIONS HEREOF SHALL THEREAFTER
BE CONSTRUED AS IF SUCH INVALID, ILLEGAL, OR UNENFORCEABLE TERMS AND CONDITIONS
HAD NEVER BEEN CONTAINED HEREIN.
17.13
STRICT PERFORMANCE.
THE FAILURE OF WEEKS OR GLDD TO INSIST UPON
STRICT PERFORMANCE OF THE TERMS, COVENANTS, AGREEMENTS AND CONDITIONS HEREIN
CONTAINED, OR ANY OF THEM SHALL NOT CONSTITUTE OR BE CONSTRUED AS A WAIVER OR
RELINQUISHMENT OF WEEKS' OR GLDD'S RIGHTS TO THEREAFTER ENFORCE SUCH TERM,
COVENANTS OR CONDITION, BUT THE SAME SHALL CONTINUE IN FULL FORCE AND EFFECT.
17.14
AGREEMENT PREPARATION.
THE PARTIES ACKNOWLEDGE THAT EACH PARTY, AND
ITS COUNSEL, HAVE REVIEWED AND REVISED THIS AGREEMENT, AND THE PARTIES AGREE
THAT THE RULE OF INTERPRETATION OF CONTRACTS, TO THE EFFECT THAT ANY DOUBT
CONCERNING A PROVISION IN A CONTRACT IS TO BE RESOLVED AGAINST THE DRAFTING
PARTY OR PARTY WHO FURNISHED ITS TEXT, SHALL NOT BE EMPLOYED IN THE
INTERPRETATION OF THIS AGREEMENT OR ANY AMENDMENTS OR EXHIBITS.
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IN WITNESS WHEREOF, this Agreement has been executed by GLDD and Weeks as of the
Effective Date.
WEEKS MARINE, INC.
By:
/s/ Richard N. Weeks
Name:
Richard N. Weeks
Title:
President
GREAT LAKES DREDGE & DOCK
COMPANY, LLC
By:
/s/ Douglas B . Mackie
Name:
Douglas B. Mackie
Title:
President and Chief Executive Officer
40