CUMULATIVE AND MAY BE
EXERCISED SINGULARLY OR CONCURRENTLY.
IN THE INTERPRETATION OF THIS AGREEMENT,
EXCEPT WHERE THE CONTEXT OTHERWISE REQUIRES, "INCLUDING" OR "INCLUDE" DOES NOT
DENOTE OR IMPLY ANY LIMITATION; "OR" HAS THE INCLUSIVE MEANING "AND/OR";
"AND/OR" MEANS "OR" AND IS USED FOR EMPHASIS ONLY; THE SINGULAR INCLUDES THE
PLURAL, AND VICE VERSA, AND EACH GENDER INCLUDES EACH OF THE OTHERS; CAPTIONS OR
HEADINGS ARE ONLY FOR REFERENCE AND ARE NOT TO BE CONSIDERED IN INTERPRETING THE
AGREEMENT; "SECTION" REFERS TO A SECTION OF THIS AGREEMENT, UNLESS OTHERWISE
STATED IN THIS AGREEMENT; AND ALL TIMES SET FORTH HEREIN ARE DEEMED TO BE THE
TIME IN DALLAS, TEXAS.
IF ANY PROVISION OF THIS AGREEMENT IS HELD TO BE
ILLEGAL, INVALID OR UNENFORCEABLE UNDER ANY PRESENT OR FUTURE LAW, SUCH
PROVISION SHALL BE FULLY SEVERABLE, AND THIS AGREEMENT SHALL BE CONSTRUED AND
ENFORCED AS IF SUCH ILLEGAL, INVALID OR UNENFORCEABLE PROVISION HAD NEVER
COMPRISED A PART THEREOF, THE REMAINING PROVISIONS OF THIS AGREEMENT SHALL
REMAIN IN FULL FORCE AND EFFECT AND SHALL NOT BE AFFECTED BY THE ILLEGAL,
INVALID OR UNENFORCEABLE PROVISION, THERE SHALL BE ADDED AUTOMATICALLY AS A PART
OF THIS AGREEMENT, A LEGAL, VALID AND ENFORCEABLE PROVISION AS SIMILAR IN TERMS
TO SUCH ILLEGAL, INVALID OR UNENFORCEABLE PROVISION AS MAY BE POSSIBLE, AND THE
PARTIES REQUEST THE COURT OR ARBITRATOR TO WHOM DISPUTES RELATING TO THIS
AGREEMENT ARE SUBMITTED TO REFORM THE OTHERWISE ILLEGAL, INVALID OR
UNENFORCEABLE PROVISION IN ACCORDANCE WITH THIS SECTION.
6
18.
WAIVER.
ANY WAIVER BY ANY PARTY OF ANY
PROVISION OF THIS AGREEMENT MUST BE IN WRITING FROM THE WAIVING PARTY AND SHALL
NOT IMPLY A SUBSEQUENT WAIVER OF THE SAME PROVISION OR ANY OTHER PROVISION.
19.
EXPENSES.
EACH PARTY SHALL PAY ITS OWN
EXPENSES, INCLUDING, BUT NOT LIMITED TO, TRAVEL, ADMINISTRATION, COMPENSATION OF
EMPLOYEES, THE FEES AND DISBURSEMENTS OF ITS COUNSEL IN CONNECTION WITH THE
NEGOTIATION, PREPARATION AND EXECUTION OF THIS AGREEMENT AND THE CONSUMMATION OF
THE TRANSACTIONS CONTEMPLATED HEREIN, EXCEPT AS OTHERWISE PROVIDED HEREIN.
20.
EXPENSES FOR ENFORCEMENT.
IN THE EVENT
EITHER PARTY IS REQUIRED TO EMPLOY AN ATTORNEY TO ENFORCE THE PROVISIONS OF THIS
AGREEMENT OR IS REQUIRED TO COMMENCE LEGAL PROCEEDINGS TO ENFORCE THE PROVISIONS
OF THIS AGREEMENT, THE PREVAILING PARTY SHALL BE ENTITLED TO RECOVER FROM THE
OTHER PARTY REASONABLE ATTORNEY'S FEES AND COURT COSTS INCURRED IN CONNECTION
WITH SUCH ENFORCEMENT, INCLUDING COLLECTION AGENCY FEES, ATTORNEY LITIGATION
FEES, SUIT FEES, AND COSTS OF INVESTIGATION AND LITIGATION.
21.
BUSINESS DAYS.
IF ANY TIME PERIOD FOR
GIVING NOTICE OR TAKING ACTION HEREUNDER EXPIRES ON A DAY THAT IS A SATURDAY,
SUNDAY OR LEGAL HOLIDAY IN THE STATE IN WHICH THE CONSULTANT IS LOCATED. , THE
TIME PERIOD SHALL BE AUTOMATICALLY EXTENDED TO THE BUSINESS DAY IMMEDIATELY
FOLLOWING SUCH SATURDAY, SUNDAY OR HOLIDAY.
22.
HEADINGS.
THE SECTION AND SUBSECTION
HEADINGS CONTAINED IN THIS AGREEMENT ARE INCLUDED FOR CONVENIENCE ONLY, AND
SHALL NOT LIMIT OR OTHERWISE AFFECT THE TERMS HEREOF.
23.
MISCELLANEOUS.
(A)
THE WAIVER BY ANY PARTY HERETO OF ANY
BREACH OR DEFAULT