"INCLUDES," AND "INCLUDING" WILL BE DEEMED TO
BE FOLLOWED BY "WITHOUT LIMITATION." PRONOUNS IN MASCULINE, FEMININE, AND NEUTER
GENDERS WILL BE CONSTRUED TO INCLUDE ANY OTHER GENDER, AND WORDS IN THE SINGULAR
FORM WILL BE CONSTRUED TO INCLUDE THE PLURAL AND VICE VERSA, UNLESS THE CONTEXT
OTHERWISE REQUIRES. THE WORDS "THIS AGREEMENT," "HEREIN," "HEREOF," "HEREBY,"
"HEREUNDER," AND WORDS OF SIMILAR IMPORT REFER TO THIS AGREEMENT AS A WHOLE AND
NOT TO ANY PARTICULAR SUBDIVISION UNLESS EXPRESSLY SO LIMITED. THE PARTIES
INTEND THAT EACH REPRESENTATION, WARRANTY, AND COVENANT CONTAINED HEREIN WILL
HAVE INDEPENDENT SIGNIFICANCE. IF ANY PARTY HAS BREACHED ANY REPRESENTATION,
WARRANTY, OR COVENANT CONTAINED HEREIN IN ANY RESPECT, THE FACT THAT THERE
EXISTS ANOTHER REPRESENTATION, WARRANTY OR COVENANT RELATING TO THE SAME SUBJECT
MATTER (REGARDLESS OF THE RELATIVE LEVELS OF SPECIFICITY) WHICH THE PARTY HAS
NOT BREACHED WILL NOT DETRACT FROM OR MITIGATE THE FACT THAT THE PARTY IS IN
BREACH OF THE FIRST REPRESENTATION, WARRANTY, OR COVENANT.
TIME IS OF THE
ESSENCE IN THE PERFORMANCE OF THIS AGREEMENT.
[Signature page follows]
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the
date first above written.
LANCER CORPORATION
By:
Name:
Title:
INDEMNITEE
Signature
Print Name
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