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<br />200702327 <br /> <br />8 <br /> <br />modified except by an instrument in writing executed by each of the parties that are <br />signatories hereto. <br /> <br />20. Severability. Notwithstanding anything herein contained, if anyone or more of <br />the provisions of this Agreement shall for any reason whatsoever be held to be illegal, <br />invalid or unenforceable in any respect, such illegality, invalidity or unenforceability shall <br />not affect any other provision of this Agreement, but this Agreement shall be construed as if <br />such illegal, invalid or unenforceable provision had never been contained herein. <br /> <br />21. Headings. The headings and titles to the sections of this Agreement are <br />inserted for convenience only and shall not be deemed a part hereof nor affect the <br />construction or interpretation of any provisions hereof <br /> <br />22. Governing Law. This Agreement shall be governed by all applicable federal <br />laws and the laws ofthe state in which the Project is located. <br /> <br />23. Counterparts. This Agreement may be executed in any number of <br />counterparts, all of which counterparts shall be construed together and shall constitute but <br />one agreement. <br /> <br />[Remainder of Page Intentionally Left Blank] <br /> <br />M2M Use Agmt 09-15-04 <br />