6.4
Applicable Law.
THE PARTIES AGREE THAT THIS AGREEMENT
SHALL
BE
CONSTRUED
IN
STRICT
ACCORDANCE
WITH
AND
GOVERNED
EXCLUSIVELY BY THE LAWS OF THE STATE OF NEW JERSEY WITHOUT REGARD TO
NEW JERSEY’S CONFLICT OF LAWS PROVISIONS WHICH MAY DEFEAT THE
APPLICATION OF NEW JERSEY’S SUBSTANTIVE LAWS.
6.5
No Waivers. No failure or delay of Secured Party or Grantor in exercising
any power or right hereunder shall operate as a waiver thereof. No single or partial exercise of any
right or power hereunder, or any abandonment or discontinuance of steps to enforce such right or
power, preclude any other or further exercise thereof or the exercise of any other right or power. The
respective rights and remedies of Secured Party and Grantor hereunder and under the Loan
Agreement are cumulative and do not exclude any rights or remedies that such Party would otherwise
have.
6.6
Waiver of Jury Trial. Each Party hereto hereby waives, to the fullest extent
permitted by law, any right it may have to a trial by jury in respect of any litigation or other action
directly or indirectly arising out of, under or in connection with this Agreement.
6.7
Severability. The invalidity or unenforceability of any provision in this
Agreement will not affect the validity or enforceability of any other provision.
6.8
Counterparts. This Agreement may be executed in two or more counterparts,
each of which shall constitute an original but all of which when taken together shall constitute but
one contract.
6.9
Headings. Section headings are for convenience of reference only, are not
part of this Agreement, have no independent substantive meaning and are not to affect the
construction of, or to be taken into consideration in interpreting, this Agreement.
(signatures appear on the following pages)
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