CONDITIONS, EXPRESS OR IMPLIED, ORAL OR WRITTEN,
OF ANY NATURE WHATSOEVER WITH RESPECT TO THE SUBJECT MATTER HEREOF. THE EXPRESS
TERMS HEREOF CONTROL AND SUPERSEDE ANY COURSE OF PERFORMANCE AND/OR USAGE OF THE
TRADE INCONSISTENT WITH ANY OF THE TERMS HEREOF. THIS AGREEMENT MAY NOT BE
MODIFIED OR AMENDED OTHER THAN BY AN AGREEMENT IN WRITING SIGNED BY EACH OF THE
PARTIES HERETO.
6.08
WAIVER. NEITHER THE FAILURE NOR ANY DELAY ON THE
PART OF A PARTY TO EXERCISE ANY RIGHT, REMEDY, POWER OR PRIVILEGE UNDER THIS
AGREEMENT SHALL OPERATE AS A WAIVER THEREOF, NOR SHALL ANY SINGLE OR PARTIAL
EXERCISE OF ANY RIGHT, REMEDY, POWER OR PRIVILEGE PRECLUDE ANY OTHER OR FURTHER
EXERCISE OF THE SAME OR OF ANY OTHER RIGHT, REMEDY, POWER OR PRIVILEGE, NOR
SHALL ANY WAIVER OF ANY RIGHT, REMEDY, POWER OR PRIVILEGE WITH RESPECT TO ANY
OCCURRENCE BE CONSTRUED AS A WAIVER OF SUCH RIGHT, REMEDY, POWER OR PRIVILEGE
WITH RESPECT TO ANY OTHER OCCURRENCE. NO WAIVER SHALL BE EFFECTIVE UNLESS IT IS
IN WRITING AND IS SIGNED BY THE PARTY ASSERTED TO HAVE GRANTED SUCH WAIVER.
6.09
GENDER; NUMBER. WORDS USED HEREIN REGARDLESS OF
THE NUMBER AND GENDER SPECIFICALLY USED, SHALL BE DEEMED AND CONSTRUED TO
INCLUDE ANY OTHER NUMBER, SINGULAR OR PLURAL, AND ANY OTHER GENDER, MASCULINE,
FEMININE OR NEUTER, AS THE CONTEXT REQUIRES.
6.10
HEADINGS. THE TITLES AND HEADINGS OF SECTIONS AND
SUBSECTIONS CONTAINED IN THIS AGREEMENT ARE FOR CONVENIENCE ONLY, AND THEY
NEITHER FORM A PART OF THIS AGREEMENT NOR ARE THEY TO BE USED IN THE
CONSTRUCTION OR INTERPRETATION HEREOF.
6.11
EXECUTION IN COUNTERPARTS. THIS AGREEMENT MAY BE
EXECUTED IN MULTIPLE COUNTERPARTS, EACH OF WHICH SHALL BE DEEMED TO BE AN
ORIGINAL AS AGAINST ANY PARTY WHOSE SIGNATURE APPEARS THEREON, AND ALL OF
20
WHICH SHALL TOGETHER CONSTITUTE ONE AND THE SAME INSTRUMENT. THIS AGREEMENT
SHALL BECOME BINDING WHEN ONE OR MORE COUNTERPARTS HEREOF, INDIVIDUALLY OR TAKEN
TOGETHER, SHALL BEAR THE SIGNATURES OF ALL OF THE PARTIES REFLECTED HEREON AS
THE SIGNATORIES.
6.12
NAME. BEHRINGER ADVISORS LP AND/OR ONE OR MORE OF
ITS AFFILIATES HAS A PROPRIETARY INTEREST IN THE NAMES "HARVARD" (FOR THE
BUSINESSES ENGAGED IN BY THE COMPANY AND ITS AFFILIATES) AND "BEHRINGER" (FOR
ALL PURPOSES). ACCORDINGLY, AND IN RECOGNITION OF THIS RIGHT, IF AT ANY TIME THE
COMPANY CEASES TO RETAIN BEHRINGER ADVISORS LP OR AN AFFILIATE THEREOF TO
PERFORM THE SERVICES OF ADVISOR, THE COMPANY WILL, PROMPTLY AFTER RECEIPT OF
WRITTEN REQUEST FROM BEHRINGER ADVISORS LP, CEASE TO CONDUCT BUSINESS UNDER OR
USE THE NAME "HARVARD" OR "BEHRINGER" OR ANY DIMINUTIVE THEREOF AND THE COMPANY
SHALL USE ITS BEST EFFORTS TO CHANGE THE NAME OF THE COMPANY TO A NAME THAT DOES
NOT CONTAIN THE NAME "HARVARD" OR "BEHRINGER" OR ANY OTHER WORD OR WORDS THAT
MIGHT, IN THE SOLE DISCRETION OF BEHRINGER ADVISORS LP, BE SUSCEPTIBLE OF
INDICATION OF SOME FORM OF RELATIONSHIP BETWEEN THE COMPANY AND BEHRINGER
ADVISORS LP OR ANY AFFILIATE THEREOF. CONSISTENT WITH THE FOREGOING, IT IS
SPECIFICALLY RECOGNIZED THAT BEHRINGER