PARTICIPATED IN THE DRAFTING OF THIS AGREEMENT.
ACCORDINGLY, THIS
AGREEMENT SHALL NOT BE CONSTRUED AGAINST EITHER PARTY AS THE DRAFTER.
13.10
WAIVER.
NO WAIVER OR DELAY BY EITHER PARTY OF ANY
BREACH OF THE COVENANTS CONTAINED HEREIN TO BE PERFORMED BY THE OTHER PARTY
SHALL BE CONSTRUED AS A WAIVER OF ANY SUCCEEDING BREACH OF THE SAME OR ANY OTHER
COVENANTS OR CONDITIONS HEREOF.
13.11
ENTIRETY OF AGREEMENT.
THIS AGREEMENT SUPERSEDES ANY
PRIOR UNDERSTANDINGS OR AGREEMENTS, WHETHER WRITTEN OR ORAL, AND ANY
CONTEMPORANEOUS ORAL AGREEMENTS, BETWEEN THE PARTIES HERETO IN REGARD TO THE
SUBJECT MATTER HEREOF AND, TOGETHER WITH THE MASTER AGREEMENT AND OTHER RELATED
AGREEMENTS (AS DEFINED IN THE MASTER AGREEMENT), CONTAIN THE ENTIRE AGREEMENT
BETWEEN THE PARTIES IN REGARD TO THE SUBJECT MATTER HEREOF.
THIS AGREEMENT MAY
NOT BE CHANGED OR MODIFIED ORALLY, BUT ONLY BY AN AGREEMENT, IN WRITING, SIGNED
BY ALL PARTIES HERETO.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed and
delivered by their duly authorized representations, effective as of the
Effective Date set forth above.
EDWARDS LIFESCIENCES PVT, INC.
3F THERAPEUTICS, INC.
By:
/s/ Jay P. Wertheim
By:
/s/ Walter Cuevas
Name:
Jay P. Wertheim
Name:
Walter Cuevas
Title: Vice President, Associate General
Title:
President and Chief Executive Officer
Counsel and Secretary
12