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NES) may be waived, altered, amended or repealed in whole or in part only upon the written <br /> consent of both parties to this Agreement. The failure of either party at any time to require <br /> performance of any provision of this Agreement shall not affect in any manner the right to require <br /> such performance at any time thereafter, nor shall the waiver of a breach of any provision hereof be <br /> held to be a waiver of any subsequent breach of the same provision or any other provision. If any <br /> provision of this Agreement shall be determined to be invalid or inoperative, the validity and effect <br /> of the other provisions hereof shall not be affected thereby,provided that no such severability shall <br /> be effective if it causes a material detriment to any party. The agreements of NES and the Client <br /> under this Agreement are intended solely for their benefit and no third-party beneficiary relationship <br /> shall be deemed to be created hereby. All remedies set forth in this Agreement are cumulative. <br /> 3359002.233544.3 4 <br />