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a• <br />200403595 <br />each party waives any requirement that the other party prove the non - existence of a <br />remedy at law prior to pursuing equitable remedies including, without limitation, specific <br />performance or injunctive relief. <br />If there is any litigation between the parties relating to this Agreement, the prevailing <br />party shall recover all costs and expenses incurred by it in connection with the litigation, <br />including, without limitation, attorneys' fees and costs and any such costs incurred with <br />respect to any appellate or post - judgment proceedings related thereto. <br />This Agreement shall be governed by and construed in accordance with the laws <br />of the State of Nebraska. <br />This Agreement may not be amended or modified except by written agreement <br />signed by both parties. In the event that any provision of this Agreement shall be held <br />invalid, the same shall not affect in any respect the validity of the remainder of this <br />Agreement. <br />IN WITNESS WHEREOF, the parties have caused this instrument to be executed <br />the day and year first above written. <br />Kenneth L. Layher <br />]�� �' ltl� <br />Harland L. Layher <br />*ruin A. Koepp <br />Marian J. • —•• / <br />3 <br />