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10/03/2002 16:48 2094671 B AGE STOCKTON PAGE 07 <br /> oot 03 02 04: 06p Her Rnd Helens Marina 209 4 6505 p• 7 <br /> any payments due hereunder,the prevailing party shall be entitled to reasonable <br /> attorney's fees in addition to costs of the action. <br /> 15. Miscellaneous <br /> A. No supplement,modification or amendment to this Agreement shall be <br /> binding unless executed in writing by both parties. <br /> B. No waiver of any of the provisions of this Agreement shall be deemed,or shall <br /> constitute, a waiver of any other provision,whether or not similar,nor shall any <br /> waiver constitute a continuing waiver.No waiver shall be binding unless executed <br /> in writing by the party malting the waiver. <br /> C. Any delay or default in the performance of any obligation of HERMAN& <br /> HELEN'S under this Agreement resulting from an event beyond HERMAN& <br /> HELEN'S control shall not be deemed a breach of this Agreement. <br /> D. This Agreement shall not be binding upon and shall insure to the benefit of the <br /> parties and their respective successors and assigns.HERMAN&HELEN'S shall <br /> not be entitled to assign any of its rights or obligations hereunder without prior <br /> written consent of OWNER. <br /> E. Any written notice,report,or other communication required or permitted to be <br /> given under this Agreement shall be deemed sufficiently given when delivered <br /> personally or upon deposit in the United States mail,first class postage prepaid,or <br /> when sent by established courier, addressed as follows: <br /> "0 R" <br /> �a <br /> "Copy W, <br /> "MERMAN&HELEN'S" <br /> "Consultant" Advanced GeoEnvironmental <br /> 837 Shaw Rd <br /> Stockton,CA 95215 <br /> 6 <br />