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such provision or provisions shall be reformed to approximate as nearly as possible <br /> the intent of the parties, and if unreformable, shall be divisible and deleted in such <br /> jurisdictions; elsewhere, this Agreement shall not be affected. <br /> 8.03 Use of Name: Licensee and Authorized Users shall not use the name of The Johns <br /> Hopkins University or The Johns Hopkins Health System or any of its constituent <br /> parts, such as the Johns Hopkins Hospital or any contraction thereof or the names of <br /> Author in any advertising, promotional, sales literature or fundraising documents <br /> without prior written consent from an authorized representative of JHU. Licensee <br /> and Authorized Users shall allow at least seven (7) business days' notice of any <br /> proposed public disclosure for JHU's review and comment or to provide written <br /> consent. <br /> 8.04 Entire Agreement: This Agreement constitutes the entire understanding between the <br /> parties with respect to the obligations of the parties with respect to the subject matter <br /> hereof, and supersedes and replaces all prior agreements, understandings, writings, <br /> and discussions between the parties relating to said subject matter. <br /> 8.05 Amendment& Waiver: This Agreement may be amended and any of its terms or <br /> conditions may be waived only by a written instrument executed by the authorized <br /> officials of the parties or, in the case of a waiver, by the party waiving compliance. <br /> The failure of either party at any time or times to require performance of any <br /> provision hereof shall in no manner affect its right at a later time to enforce the same. <br /> No waiver by either party of any condition or term in any one or more instances shall <br /> be construed as a further or continuing waiver of such condition or term or of any <br /> other condition or term. <br /> 8.06 Binding Effect: This Agreement shall be binding upon and inure to the benefit of and <br /> be enforceable by the parties hereto and their respective successors and permitted <br /> assigns. <br /> 8.07 Governing Law: INTENTIONALLY DELETED. <br /> 8.08 Entire Agreement and Signatures: The parties have read this Agreement and agree to <br /> be bound by all of its terms, and further agree that it constitutes the complete and <br /> exclusive statement of the Agreement between the parties unless and until modified in <br /> writing and signed by the parties. This Agreement together with any amendments or <br /> modifications may be executed electronically. <br /> RFF-JHU REF.#A30412;C12825 <br />