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~~ <br />To RFP: <br />Recreation Factory Partners (a division ofN Sports Factory, LLC) <br />14.39-200 S. Main Street <br />Wake Forest NC 27587 <br />Attention: LLC Manager <br />Telecopy: <br />With a copy (which shall not constitute notice) to: <br />Attention: <br />Telecopy: <br />1.3.9 Section Headings and Defined Ternis. <br />The section headings contained herein are for reference purposes only and shall <br />not in any way affect the meaning and interpretation of this Agreement. The terns defined herein <br />and in any agreement executed in connection herewith include the plural as well as the singular <br />and the singular as well as the plural, and the use of masculine pronouns shall include the <br />feminine and neuter. Except as otherwise indicated, all agreements defined herein refer to the <br />same as from time to time amended or supplemented or the ternls thereof waived or modified in <br />accordance herewith and therewith. <br />13.10 Counterparts. <br />This Agreement maybe executed in two or more counterparts, each of which <br />shall be deemed an original copy of this Agreement, and all of which, when taken together, shall <br />be deemed to constitute but one and the same agreement. <br />1.3.11 Severabilitv. <br />The invalidity or unerrforceability of any particular provision, or part of any <br />provision, of this Agreement shall not affect the other provisions or pazts hereof, and this <br />Agreement shall he construed in all respects as if such invalid or unenforceable provisions or <br />parts were omitted. <br />13.12 Non-Waiver. <br />A failure by either party to take any action with respect to any default or violation <br />by the other of any of the terms, covenants, or conditions of this Agreement shall not in any <br />respect limit, prejudice, diminish, or constitute a waiver of any rights of such party to act with <br />32 <br />