THIS SECTION 17 FOR SUCH TIME THAT GUARANTOR IS A PUBLICLY TRADED COMPANY.
11
18.
NOTICES.
ALL NOTICES OR OTHER WRITTEN COMMUNICATIONS HEREUNDER
SHALL BE MADE IN ACCORDANCE WITH ARTICLE XIV OF THE LOAN AGREEMENT.
19.
DUPLICATE ORIGINALS; COUNTERPARTS.
THIS AGREEMENT MAY BE
EXECUTED IN ANY NUMBER OF DUPLICATE ORIGINALS AND EACH DUPLICATE ORIGINAL SHALL
BE DEEMED TO BE AN ORIGINAL.
THIS AGREEMENT MAY BE EXECUTED IN SEVERAL
COUNTERPARTS, EACH OF WHICH COUNTERPARTS SHALL BE DEEMED AN ORIGINAL INSTRUMENT
AND ALL OF WHICH TOGETHER SHALL CONSTITUTE A SINGLE AGREEMENT.
THE FAILURE OF
ANY PARTY HERETO TO EXECUTE THIS AGREEMENT, OR ANY COUNTERPART HEREOF, SHALL NOT
RELIEVE THE OTHER SIGNATORIES FROM THEIR OBLIGATIONS HEREUNDER.
20.
NO ORAL CHANGE.
THIS AGREEMENT, AND ANY PROVISIONS HEREOF, MAY
NOT BE MODIFIED, AMENDED, WAIVED, EXTENDED, CHANGED, DISCHARGED OR TERMINATED
ORALLY OR BY ANY ACT OR FAILURE TO ACT ON THE PART OF INDEMNITOR OR ANY
INDEMNIFIED PARTY, BUT ONLY BY AN AGREEMENT IN WRITING SIGNED BY THE PARTY
AGAINST WHOM ENFORCEMENT OF ANY MODIFICATION, AMENDMENT, WAIVER, EXTENSION,
CHANGE, DISCHARGE OR TERMINATION IS SOUGHT.
21.
HEADINGS, ETC.
THE HEADINGS AND CAPTIONS OF VARIOUS PARAGRAPHS
OF THIS AGREEMENT ARE FOR CONVENIENCE OF REFERENCE ONLY AND ARE NOT TO BE
CONSTRUED AS DEFINING OR LIMITING, IN ANY WAY, THE SCOPE OR INTENT OF THE
PROVISIONS HEREOF.
22.
NUMBER AND GENDER/SUCCESSORS AND ASSIGNS.
ALL PRONOUNS AND ANY
VARIATIONS THEREOF SHALL BE DEEMED TO REFER TO THE MASCULINE, FEMININE, NEUTER,
SINGULAR OR PLURAL AS THE IDENTITY OF THE PERSON OR PERSONS REFERRED TO MAY
REQUIRE.
WITHOUT LIMITING THE EFFECT OF SPECIFIC REFERENCES IN ANY PROVISION OF
THIS AGREEMENT, THE TERM "INDEMNITOR" SHALL BE DEEMED TO REFER TO EACH AND EVERY
PERSON COMPRISING AN INDEMNITOR FROM TIME TO TIME, AS THE SENSE OF A PARTICULAR
PROVISION MAY REQUIRE, AND TO INCLUDE THE HEIRS, EXECUTORS, ADMINISTRATORS,
LEGAL REPRESENTATIVES, SUCCESSORS AND ASSIGNS OF INDEMNITOR, ALL OF WHOM SHALL
BE BOUND BY THE PROVISIONS OF THIS AGREEMENT, PROVIDED THAT NO OBLIGATION OF
INDEMNITOR MAY BE ASSIGNED EXCEPT WITH THE WRITTEN CONSENT OF ADMINISTRATIVE
AGENT.
EACH REFERENCE HEREIN TO ADMINISTRATIVE AGENT AND LENDERS SHALL BE
DEEMED TO INCLUDE THEIR SUCCESSORS AND ASSIGNS.
THIS AGREEMENT SHALL INURE TO
THE BENEFIT OF INDEMNIFIED PARTIES AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS
FOREVER.
23.
RELEASE OF LIABILITY.
ANY ONE OR MORE PARTIES LIABLE UPON OR
IN RESPECT OF THIS AGREEMENT MAY BE RELEASED WITHOUT AFFECTING THE LIABILITY OF
ANY PARTY NOT SO RELEASED.
24.
RIGHTS CUMULATIVE.
THE RIGHTS AND REMEDIES HEREIN PROVIDED ARE
CUMULATIVE AND NOT EXCLUSIVE OF ANY RIGHTS OR REMEDIES WHICH ADMINISTRATIVE
AGENT HAS UNDER THE NOTE, THE SECURITY INSTRUMENT, THE LOAN AGREEMENT OR THE
OTHER LOAN DOCUMENTS OR WOULD OTHERWISE HAVE AT LAW OR IN EQUITY.
25.
INAPPLICABLE PROVISIONS.
IF ANY TERM, CONDITION OR COVENANT OF
THIS AGREEMENT SHALL BE HELD TO BE INVALID, ILLEGAL OR UNENFORCEABLE IN ANY
RESPECT, THIS AGREEMENT SHALL BE CONSTRUED WITHOUT SUCH PROVISION.
26.
GOVERNING LAW.
THIS AGREEMENT SHALL BE GOVERNED, CONSTRUED,
APPLIED AND ENFORCED IN ACCORDANCE WITH THE LAWS