INSTEAD, THE AGREEMENT SHALL BE CONSTRUED AS IF
IT DID NOT CONTAIN THE INVALID, ILLEGAL, OR UNENFORCEABLE PART, AND THE RIGHTS
AND OBLIGATIONS OF THE PARTIES SHALL BE CONSTRUED AND ENFORCED ACCORDINGLY; THE
REMAINING PROVISIONS, TERMS, CLAUSES OR WAIVERS OR RELEASES OF CLAIMS AND RIGHTS
SHALL BE DEEMED SEVERABLE, SUCH THAT ALL OTHER PROVISIONS, TERMS, CLAUSES, AND
WAIVERS AND RELEASES OF CLAIMS AND RIGHTS CONTAINED IN THIS AGREEMENT SHALL
REMAIN VALID AND BINDING UPON ALL PARTIES TO THE AGREEMENT.
20.
COUNTERPARTS.
THIS AGREEMENT MAY BE EXECUTED IN TWO COUNTERPARTS,
EACH OF WHICH TAKEN TOGETHER SHALL CONSTITUTE ONE AND THE SAME INSTRUMENT.
THE PARTIES STATE THAT THEY HAVE READ AND UNDERSTAND THE FOREGOING AND THAT THEY
INTEND TO BE BOUND THERETO.
ANTHONY J. NOCCHIERO
MERISANT COMPANY
/s/ Anthony J. Nocchiero
By: /s/ Jonathan Cole
Date: March 15, 2007
Title: Vice President, General Counsel
Date: March 15, 2007
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