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DEC-18-03 10:27AM FROM-IN-N-OUT BURG, DEV. DEPT. +626 3389173 T-053 P.005/006 F-430 affected thereby, and every provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. 4.3 Attorneys' Fees,. In the event of any litigation between the parties hereto to enforce any of the provisions of this Agreement or any right of either party hereto, the unsuccessful party to such litigation agrees to pay to the successful party all costs and expense, including reasonable attorneys' fees, incurred herein by the successful party, all of which may be included in and as part of the judgment rendered in such litigation. 4.4 Entire Agreement. The terms of this Agreement are intended by the parties as a final expression of their agreement with respect to such terms as are included in this Agreement and may not be contradicted by evidence of any prior or contemporaneous agreement. The parties further intend that this Agreement constitute the complete and exclusive statement of its terms and that no extrinsic evidence whatsoever may be introduced in any judicial proceedings,if any,involving this Agreement. No provision of this Agreement may be amended or added to except by an agreement in writing signed by the parties hereto or their respective successors in interest. This Agreement shall be governed by and construed in accordance with the laws of the State of California. 4.5 Successors. All the terms, covenants and conditions hereof shall be binding upon and inure to the benefit of the heirs, executors, administrators, successors and assigns of the parties hereto_ 4.6 Counterpart Copies. This Agreement may be signed in counterpart or duplicate copies, and any signed counterpart or duplicate copy shall be equivalent to a signed original for all purposes.