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to the paying Party. <br />2. This Agreement constitutes the entire agreement between the Parties, and there <br />are no representations, warranties, agreements or commitments between the Parties hereto except <br />as set forth herein. No amendments to this Agreement shall be binding on the Parties hereto <br />unless in writing and signed by both Parties; <br />3. No delay or failure by either Party hereto to exercise any right, power or remedy, <br />under this Agreement, and no partial or single exercise of that right, power or remedy, shall <br />constitute a waiver of that or any other right, power or remedy unless otherwise expressly <br />provided herein. No waiver shall be deemed to have been made unless it is in writing and signed <br />by the waiving Party. <br />4. This Agreement is deemed to have been made in and to be performable in the <br />hays County, Texas, and shall be construed in accordance with and governed by the laws of the <br />State of Texas. <br />5. This Agreement may be executed in two or more counterparts, each of which <br />shall be deemed an original, but all of which together shall constitute one and the same <br />instrument. <br />6. The provisions of this Agreement shall be binding upon and inure to the benefit of <br />the Parties hereto and their respective successors and assigns; provided, however, that neither <br />Party may assign any of their respective rights nor delegate any of their respective duties <br />hereunder without the other Party's prior written consent. <br />7. The invalidity of any provision or provisions of this Agreement shall not affect <br />any other provision of this Agreement, which shall remain in full force and effect, nor shall the <br />invalidity of a portion of any provision of this Agreement affect the balance of such provision. <br />5 <br />