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freely assign or otherwise transfer all or any of its rights, or delegate or otherwise transfer <br />all or any of its obligations or performance, under this Agreement without Customer's <br />consent. This Agreement is binding upon and inures to the benefit of the parties hereto <br />and their respective permitted successors and assigns. <br />(h) No third -party beneficiaries. This Agreement is for the sole benefit of <br />the parties hereto and their respective successors and permitted assigns and nothing <br />herein, express or implied, is intended to or shall confer on any other Person any legal or <br />equitable right, benefit, or remedy of any nature whatsoever under or by reason of this <br />Agreement. <br />(i) Amendment. This Agreement may be amended, modified, or <br />supplemented only by an agreement in writing that expressly refers to this Agreement <br />and the specific provision to be amended or modified and is signed by each party hereto. <br />Q) Waiver. No waiver by any party of any of the provisions hereof is <br />effective unless explicitly set forth in writing and signed by the party so waiving. Except <br />as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any <br />right, remedy, power, or privilege arising from this Agreement operates or is construed as <br />a waiver thereof; nor does any single or partial exercise of any right, remedy, power, or <br />privilege hereunder preclude any other or further exercise thereof or the exercise of any <br />other right, remedy, power, or privilege. <br />(k) No agency. Neither party to this Agreement is a partner, joint venturer, <br />franchisee, franchisor, or representative of the other party hereto. Neither Company nor <br />Customer has any authority to make any representation or to incur any obligation or <br />liability on behalf of the other party to this Agreement, or to make any representation <br />inconsistent with this paragraph. <br />(1) Remedies. No right or remedy of Company in this Agreement is exclusive <br />of any other right or remedy that may be available to Company hereunder, at law or in <br />equity, but rather each such right and remedy of Company shall be cumulative of every <br />other right and remedy of Company hereunder, at law or in equity. <br />(m) Severability. If any term or provision of this Agreement is invalid, illegal, <br />or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall <br />not affect any other term or provision of this Agreement or invalidate or render <br />unenforceable such term or provision in any otherjurisdiction. <br />(n) Interpretation. No legal or equitable principles or rules that might require <br />or permit the interpretation or construction of this Agreement or any provision hereof <br />against Company as the party drafting this Agreement shall apply or be used or employed <br />in the construction or interpretation of this Agreement. For purposes of this Agreement, <br />(a) the words "include," "includes," and "including" shall be deemed to be followed by <br />the words "without limitation"; (b) the word "or" is not exclusive; and (c) the words <br />"herein," "hereof," "hereby,' "hereto," and "hereunder" refer to this Agreement as a <br />whole. This Agreement is written in and governed by the English language only. In the <br />21 <br />