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This excerpt taken from the EYE 10-Q filed Aug 9, 2006. 8.1. Entire
Agreement, Modification, Waiver. This agreement constitutes and contains the
entire agreement between the Parties regarding the Litigation and any future
disputes subject to provisions of Section VII above, and supersedes any and all
prior agreements, representations, negotiations, conversations, correspondence,
understanding, and letters, whether oral or written, of any kind or nature,
respecting the subject matter hereof. This
Agreement may be amended or modified or one or more provisions hereof waived,
only by a written instrument signed by the Parties. No failure or delay of either party to require
performance by the other party of any provision of this Agreement shall in any
way adversely affect such party’s right to require full performance of the same
or different provisions of this Agreement. No waiver by one party of a breach of any
provision of this Agreement shall constitute a waiver of such party of any
succeeding breach of the same or different provisions.
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