AND TO COVER ALL GENDERS.
THE HEADINGS OF THE SECTIONS,
PARAGRAPHS, SUBPARAGRAPHS, CLAUSES AND SUBCLAUSES OF THIS AGREEMENT ARE FOR
CONVENIENCE OF REFERENCE ONLY AND SHALL NOT IN ANY WAY AFFECT THE MEANING OR
INTERPRETATION OF ANY OF THE PROVISIONS HEREOF.
UNLESS OTHERWISE SPECIFIED, THE
TERMS "HEREOF," "HEREIN" AND SIMILAR TERMS REFER TO THIS AGREEMENT AS A WHOLE,
AND REFERENCES HEREIN TO SECTIONS REFER TO SECTIONS OF THIS AGREEMENT.
WORDS OF
INCLUSION SHALL NOT BE CONSTRUED AS TERMS OF LIMITATION HEREIN, SO THAT
REFERENCES TO "INCLUDE," "INCLUDES" AND "INCLUDING" SHALL NOT BE LIMITING AND
SHALL BE REGARDED AS REFERENCES TO NON-EXCLUSIVE AND NON-CHARACTERIZING
ILLUSTRATIONS.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
and delivered by their respective officers hereunto duly authorized as of the
date first above written.
ACUSPHERE, INC.
By:
Name:
Title:
CEPHALON, INC.
By:
Name:
Title:
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