OTHER JURISDICTION.
(K)
EXPENSES.
EXCEPT AS OTHERWISE PROVIDED HEREIN, EACH PARTY SHALL BEAR ITS
OWN COSTS AND EXPENSES (INCLUDING LEGAL FEES AND EXPENSES) INCURRED IN
CONNECTION WITH THIS AGREEMENT, THE TRANSACTION AGREEMENTS AND THE TRANSACTIONS
CONTEMPLATED HEREBY AND THEREBY; PROVIDED THAT (I) ALL FEES (INCLUDING ANY
PENALTIES AND INTEREST THEREON) OWED TO ANY GOVERNMENTAL AUTHORITY IN SWEDEN IN
CONNECTION WITH THE TRANSFER OF EMPLOYMENT OF SWEDISH TRANSFERRED EMPLOYEES FROM
SELLER TO BUYER SHALL BE PAID BY SELLER WHEN DUE, (II) ALL TITLE FEES (INCLUDING
ANY PENALTIES AND INTEREST THEREON) OWED AS OF THE DATE HEREOF IN RESPECT OF
OWNED REAL PROPERTY SHALL BE PAID BY SELLER WHEN DUE, (III) ALL SURVEY FEES
(INCLUDING ANY PENALTIES AND INTEREST THEREON) OWED AS OF THE DATE HEREOF IN
RESPECT OF OWNED REAL PROPERTY SHALL BE PAID BY BUYER WHEN DUE AND (IV) ALL
TRANSFER FEES (INCLUDING ANY PENALTIES AND INTEREST THEREON) INCURRED IN
CONNECTION WITH THE CONSUMMATION OF THE TRANSACTIONS CONTEMPLATED BY THIS
AGREEMENT AND THE TRANSACTION AGREEMENTS SHALL BE PAID BY SELLER WHEN DUE.
BUYER SHALL USE COMMERCIALLY REASONABLE EFFORTS TO MINIMIZE ANY SUCH TRANSFER
FEES.
(L)
CONSTRUCTION.
THE PARTIES HAVE PARTICIPATED JOINTLY IN THE NEGOTIATION
AND DRAFTING OF THIS AGREEMENT.
IN THE EVENT AN AMBIGUITY OR QUESTION OF INTENT
OR INTERPRETATION ARISES, THIS AGREEMENT SHALL BE CONSTRUED AS IF DRAFTED
JOINTLY BY THE PARTIES AND NO PRESUMPTION OR BURDEN OF PROOF SHALL ARISE
FAVORING OR DISFAVORING ANY PARTY BY VIRTUE OF THE AUTHORSHIP OF ANY OF THE
PROVISIONS OF THIS AGREEMENT.
ANY REFERENCE TO ANY FEDERAL, STATE, LOCAL, OR
FOREIGN STATUTE OR LAW SHALL MEAN SUCH STATUTE OR LAW, AS AMENDED, CODIFIED,
REPLACED, OR RE-ENACTED, IN WHOLE OR IN PART, AND SHALL ALSO BE DEEMED TO REFER
TO ALL RULES AND REGULATIONS PROMULGATED THEREUNDER, UNLESS THE CONTEXT REQUIRES
OTHERWISE.
UNLESS THE CONTEXT REQUIRES OTHERWISE, SINGULAR INCLUDES PLURAL AND
VICE VERSA AND ANY GENDER INCLUDES EVERY GENDER, AND WHERE ANY WORD OR PHRASE IS
GIVEN A DEFINED MEANING, ANY OTHER GRAMMATICAL FORM OF THAT WORD OR PHRASE WILL
HAVE A CORRELATIVE MEANING.
THE WORD "INCLUDING" SHALL MEAN INCLUDING WITHOUT
LIMITATION.
THE PARTIES INTEND THAT EACH REPRESENTATION, WARRANTY, AND COVENANT
CONTAINED HEREIN SHALL HAVE INDEPENDENT SIGNIFICANCE.
IF ANY PARTY HAS BREACHED
ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED HEREIN IN ANY RESPECT, THE
FACT THAT THERE EXISTS ANOTHER REPRESENTATION, WARRANTY, OR COVENANT RELATING TO
THE SAME SUBJECT MATTER (REGARDLESS OF THE RELATIVE LEVELS OF SPECIFICITY) THAT
THE PARTY HAS NOT BREACHED SHALL NOT DETRACT FROM OR MITIGATE THE FACT THAT THE
PARTY IS IN BREACH OF THE FIRST REPRESENTATION, WARRANTY, OR COVENANT.
EXCEPT
AS PROVIDED IN SECTION 6(J), ANY DUE DILIGENCE REVIEW, AUDIT OR OTHER
INVESTIGATION OR INQUIRY UNDERTAKEN OR PERFORMED BY OR ON BEHALF OF BUYER SHALL
NOT LIMIT, QUALIFY, MODIFY OR AMEND THE REPRESENTATIONS, WARRANTIES OR COVENANTS
OF, OR INDEMNITIES BY, SELLER MADE PURSUANT TO THIS AGREEMENT, IRRESPECTIVE OF
THE KNOWLEDGE AND INFORMATION RECEIVED (OR WHICH SHOULD HAVE BEEN RECEIVED)
THEREFROM BY BUYER.
(M)
INCORPORATION OF EXHIBITS AND SCHEDULES.
THE EXHIBITS AND