Common use of Severability and Construction Clause in Contracts

Severability and Construction. A. Except as expressly provided to the contrary herein, each portion, section, part, term and/or provision of this License Agreement shall be considered severable; and if, for any reason, a portion, section, part, term and/or provision herein is determined to be invalid and contrary to, or in conflict with, any existing or future law or regulation by a court or agency having valid jurisdiction, such shall not impair the operation of, or have any other effect upon, such other portions, sections, parts, terms and/or provisions of this License Agreement as may remain otherwise intelligible; and the latter shall continue to be given full force and effect and bind the parties hereof; and said invalid portions, sections, parts, terms and/or provisions shall be deemed not to be a part of this License Agreement. B. Nothing in this License Agreement is intended, nor shall be deemed, to confer any rights or remedies upon any person or legal entity other than Licensor or Licensee, and their respective successors and assigns as permitted by this License Agreement. C. In the event a court in a final decision rules that any provision of this License Agreement or portion thereof is unenforceable, Licensee agrees to be bound by the maximum duty ruled enforceable by the court. D. All captions in this License Agreement are intended solely for the convenience of the parties, and none shall be deemed to affect the meaning or construction of any provision hereof. E. All references herein to the masculine, neuter or singular shall be construed to include the masculine, feminine, neuter or plural, where applicable. F. This License Agreement may be executed in several counterparts, and each copy so executed shall be deemed an original.

Severability and Construction. A. 21.01. Except as expressly provided to the contrary herein, each portionsection, sectionparagraph, part, term term, and/or provision of this License Agreement shall be considered severable; and if, for any reason, a portion, any section, part, term term, and/or provision herein is determined to be invalid and contrary to, or in conflict with, any existing or future law or regulation by a court or agency having valid jurisdiction, such shall not impair the operation ofoperation, or have any other effect upon, such other portions, sections, parts, terms terms, and/or provisions of this License Agreement as may remain otherwise intelligible; , and the latter shall continue to be given full force and effect and to bind the parties hereofhereto; and said invalid portions, sections, parts, terms terms, and/or provisions shall be deemed not to be a part of this License Agreement. B. Nothing 21.02. Except as has been expressly provided to the contrary herein, nothing in this License Agreement is intended, nor shall be deemed, to confer any rights or remedies upon any person or legal entity other than Licensor or LicenseeFranchisee, Franchisor, Franchisor's officer, directors, and their employees, and Franchisee's permitted and Franchisor's respective successors and assigns as permitted assigns, any rights or remedies under or by reason of this License Agreement. C. In the event a court in a final decision rules that any provision of this License Agreement or portion thereof is unenforceable, Licensee agrees to be bound by the maximum duty ruled enforceable by the court. D. 21.03. All captions in this License the Agreement are intended solely for the convenience of the parties, and none shall be deemed to affect the meaning or construction of any provision hereof. E. 21.04. All references herein to the masculine, neuter or singular shall be construed to include the masculine, feminine, neuter or plural, where applicable, and all acknowledgments, promises, covenants, agreements and obligations herein made or undertaken by Franchisee shall be deemed jointly and severally undertaken by all the parties hereto on behalf of Franchisee. F. 21.05. This License Agreement may be executed in several counterparts, and each copy so executed shall be deemed an original.

Severability and Construction. A. Except as expressly provided to the contrary herein, each portion, section, part, term term, and/or provision of this License Agreement shall be considered severable; and if, for any reason, a portion, section, part, term term, and/or provision herein is determined to be invalid and contrary to, or in conflict with, any existing or future law or regulation by a court or agency having valid jurisdiction, such shall not impair the operation of, or have any other effect upon, such other portions, sections, parts, terms terms, and/or provisions of this License Agreement as may remain otherwise intelligible; and the latter shall continue to be given full force and effect and bind the parties hereof; and said invalid portions, sections, parts, terms and/or provisions shall be deemed not to be a part of this License Agreement. B. Nothing in this License Agreement is intended, nor shall be deemed, to confer any rights or remedies upon any person or legal entity other than Licensor Licensor, Cellemetry, or Licensee, and their respective successors and assigns as permitted by this License Agreement. C. In the event a court in a final decision rules that any provision of this License Agreement or portion thereof is unenforceable, Licensee agrees to be bound by the maximum duty ruled enforceable by the court. D. All captions in this License Agreement are intended solely for the convenience of the parties, and none shall be deemed to affect the meaning or construction of any provision hereof. E. All references herein to the masculine, neuter neuter, or singular shall be construed to include the masculine, feminine, neuter neuter, or plural, where applicable. F. This License Agreement may be executed in several counterparts; and all acknowledgments, promises, covenants, agreements, and each copy so executed obligations herein made or undertaken by Licensee shall be deemed an originaljointly and severally undertaken by all those executing this Agreement on behalf of Licensee.

Severability and Construction. A. Except as expressly provided to the contrary herein, each portion, sectionEach Paragraph, part, term and/or provision of this License Agreement shall be considered severable; , and if, for any reason, a portion, sectionany Paragraph, part, term and/or provision herein is determined to be invalid and contrary to, or in conflict with, any existing or future law or regulation by a court or agency having valid jurisdictionregulation, such shall not impair the operation of, of or have any other effect upon, such other affect the remaining portions, sections, parts, terms and/or provisions of this License Agreement as may remain otherwise intelligible; Agreement, and the latter shall will continue to be given full force and effect and bind the parties hereofhereto; and said invalid portions, sections, parts, terms and/or provisions shall be deemed not to be a part of this License Agreement. B. Nothing Anything to the contrary herein notwithstanding, nothing in this License Agreement is intended, nor shall be deemed, to confer any rights or remedies upon any person or legal entity other than Licensor Franchisor or Licensee, Franchisee and such of their respective successors and assigns as permitted may be contemplated by this License Agreement, any rights or remedies under or by reason of this Agreement. C. In Franchisee shall be bound by an promise or covenant imposing the event maximum duty permitted by law which is contained within the terms of any provision hereof, as though it were separately stated in and made a part of this Agreement, that may result from striking from any of the provisions hereof any portion or portions which a court may hold to be unreasonable and unenforceable in a final decision rules that to which Franchisor is a party, or from reducing the scope of any provision of this License Agreement promise or portion thereof is unenforceable, Licensee agrees covenant to be bound by the maximum duty ruled enforceable by the courtextent required to comply with such a court order. D. All captions in this License Agreement herein are intended solely for the convenience of the parties, and none shall be deemed to affect the meaning or construction of any provision hereof. E. All references herein to the masculine, neuter or singular shall be construed to include the masculine, feminine, neuter or plural, where applicable. F. This License Agreement may be executed in several counterpartstriplicate, and each copy so executed shall be deemed an original. F. The recitals set forth in this Agreement are specifically incorporated into the terms of this Agreement and hereby constitute a part thereof.

Severability and Construction. A. Except as expressly provided to the contrary herein, each portion, section, part, term term, and/or provision of this License Agreement shall be considered severable; and if, for any reason, a portion, any section, part, term term, and/or provision herein is determined to be invalid and contrary to, or in conflict with, any existing or future law or regulation by a court or agency having valid jurisdiction, such shall not impair the operation of, or have any other effect upon, such other portions, sections, parts, terms terms, and/or provisions of this License Agreement as may remain otherwise intelligible; , and the latter shall continue to be given full force and effect and bind the parties hereofhereto; and said invalid portions, sections, parts, terms terms, and/or provisions shall be deemed not to be a part of this License Agreement. B. Nothing Anything to the contrary herein notwithstanding, nothing in this License Agreement is intended, nor shall be deemed, to confer any rights or remedies upon any person or legal entity other than Licensor Franchisor or Licensee, Area Developer and such of their respective successors and assigns as permitted may be contemplated by Section VII hereof, any rights or remedies under or by reason of this License Agreement. C. In the event a court in a final decision rules that any provision of this License Agreement or portion thereof is unenforceable, Licensee Area Developer expressly agrees to be bound by any promise or covenants imposing the maximum duty ruled enforceable permitted by law which is subsumed within the courtterms of any provision hereof, as though it were separately articulated in and made a part of this Agreement, that may result from striking from any of the provisions hereof any portion or portions which a court may hold to be unreasonable and unenforceable in a final decision to which Franchisor is a party, or from reducing the scope of any promise or covenant to the extent required to comply with such a court order. D. All captions in this License Agreement are intended solely for the convenience of the parties, and none shall be deemed to affect the meaning or construction of any provision hereof. E. All references herein Any provision or covenant of this Agreement by which its terms or by reasonable implication is to be performed in whole or in part, after the masculine, neuter expiration or singular termination of this Agreement shall be construed to include the masculine, feminine, neuter survive such expiration or plural, where applicabletermination. F. This License Agreement may be executed in several counterparts, and each copy so executed shall be deemed an original.

Severability and Construction. A. Except as expressly provided to the contrary herein, each portion, section, part, term and/or provision of this License Agreement Agreement, shall be considered severable; and if, if for any reason, a portion, reason any section, part, term and/or provision herein is determined to be invalid and contrary to, or in conflict with, any existing or future law or regulation by a court or agency having valid jurisdiction, such shall not impair the operation of, or have any other effect upon, upon such other portions, sections, parts, terms and/or provisions of this License Agreement as may remain otherwise intelligible; and and, the latter shall continue to be given full force and effect and bind the parties hereofhereto; and said invalid portions, sections, parts, terms and/or provisions shall be deemed not to be a part of this License Agreement. B. Nothing Notwithstanding anything to the contrary herein, nothing in this License Agreement is intended, nor shall be deemed, to confer any rights or remedies upon any person or legal entity other than Licensor or LicenseeGNC, Rite Aid and such of their respective successors and assigns as permitted may be contemplated by Section XIII. hereof, any rights or remedies under or by reason of this License Agreement. C. In the event a court in a final decision rules that any provision Each of this License Agreement or portion thereof is unenforceable, Licensee GNC and Rite Aid expressly agrees to be bound by any promise or covenants imposing the maximum duty ruled enforceable permitted by law which is subsumed written the courtterms of any provision hereof, as though it were separately articulated in and made a part of this Agreement, that may result from striking form any of the provisions hereof any portion or portions which a court may hold to be unreasonable and unenforceable in a final decision to which GNC or Rite Aid, as the case may be, is a party, or from reducing the scope of any promise or covenant to the extent required to comply with such a court order. D. All captions in this License Agreement are intended solely for the convenience of the parties, and none shall be deemed to affect the meaning or construction of any provision hereof. E. All references herein to the masculine, neuter or singular shall be construed to include the masculine, feminine, neuter or plural, where applicable. F. This License Agreement may be executed in several counterparts, and each copy so executed shall be deemed an original.

Severability and Construction. A. 24.1. Except as expressly provided to the contrary herein, each portion, section, part, term and/or term, or provision of this License Agreement shall be considered severable; and if, for any reason, a portion, any section, part, term and/or term, or provision herein is determined to be invalid and contrary to, or in conflict with, any existing or future law or regulation by a court or agency having valid jurisdiction, such shall not impair the operation of, or have any other effect upon, such other portions, sections, parts, terms and/or terms, or provisions of this License Agreement as may remain otherwise intelligible; and the latter shall continue to be given full force and effect and bind the parties hereofhereto; and said invalid portions, sections, parts, terms and/or terms, or provisions shall be deemed not to be a part of this License Agreement. B. Nothing 24.2. Except as expressly provided to the contrary herein, nothing in this License Agreement is intended, nor shall be deemed, to confer any rights or remedies upon any person or legal entity other than Licensor or LicenseeFranchisee, Franchisor, Franchisor's officers, directors, and their employees, and such of Franchisee's and Franchisor's respective successors and assigns as permitted may be contemplated (and, as to Franchisee, permitted) by this License AgreementSection 13 hereof. C. In the event a court in a final decision rules that any provision of this License Agreement or portion thereof is unenforceable, Licensee 24.3. Franchisee expressly agrees to be bound by any promise or covenant imposing the maximum duty ruled enforceable permitted by law which is subsumed within the courtterms of any provision hereof, as though it were separately articulated in and made a part of this Agreement, that may result from striking from any of the provisions hereof any portion or portions which a court may hold to be unenforceable in a final decision to which Franchisor is a party, or from reducing the scope of any promise or covenant to the extent required to comply with such a court order. D. 24.4. For purposes of this Agreement, an "affiliate" of any party to this Agreement means any person, corporation, partnership, or other business entity that directly, or indirectly through one or more intermediaries controls, or is controlled by, or is under common control with, such party, and, with respect to Franchisor, the term "affiliate" shall also include, without limitation, WNAP, and any advertising cooperative operating under the System. 24.5. All captions in this License Agreement are intended solely for the convenience of the parties, and none shall be deemed to affect the meaning or construction of any provision hereof. E. All references herein to the masculine, neuter or singular shall be construed to include the masculine, feminine, neuter or plural, where applicable. F. This License Agreement may be executed in several counterparts, and each copy so executed shall be deemed an original.

Severability and Construction. A. 21.01. Except as expressly provided to the contrary herein, each portionsection, sectionparagraph, part, term term, and/or provision of this License Agreement shall be considered severable; and if, for any reason, a portion, any section, part, term term, and/or provision herein is determined to be invalid and contrary to, or in conflict with, any existing or future law or regulation by a court or agency having valid jurisdiction, such shall not impair the operation ofoperation, or have any other effect upon, such other portions, sections, parts, terms terms, and/or provisions of this License Agreement as may remain otherwise intelligible; , and the latter shall continue to be given full force and effect and to bind the parties hereofhereto; and said invalid portions, sections, parts, terms terms, and/or provisions shall be deemed not to be a part of this License Agreement. B. Nothing 21.02. Except as has been expressly provided to the contrary herein, nothing in this License Agreement is intended, nor shall be deemed, to confer any rights or remedies upon any person or legal entity other than Licensor or LicenseeFranchisee, Franchisor, Franchisor's officer, directors, and their employees, and Franchisee's permitted and Franchisor's respective successors and assigns as permitted assigns, any rights or remedies under or by reason of this License Agreement. C. In the event a court in a final decision rules that any provision of this License Agreement or portion thereof is unenforceable, Licensee agrees to be bound by the maximum duty ruled enforceable by the court. D. 21.03. All captions in this License the Agreement are intended solely for the convenience of the parties, and none shall be deemed to affect the meaning or construction of any provision hereof. E. 21.04. All references herein to the masculine, neuter or singular shall be construed to include the masculine, feminine, neuter or plural, where applicable, and all acknowledgements, promises, covenants, agreements and obligations herein made or undertaken by Franchisee shall be deemed jointly and severally undertaken by all the parties hereto on behalf of Franchisee. F. 21.05. This License Agreement may be executed in several counterparts, and each copy so executed shall be deemed an original.

Severability and Construction. A. 14.01. Except as expressly provided to the contrary herein, each portion, section, part, term term, and/or provision of this License Agreement shall be considered severable; and if, for any reason, a portion, any section, part, term term, and/or provision herein is determined to be invalid and contrary to, or in conflict with, any existing or future law or regulation by a court or agency having valid jurisdiction, such shall not impair the operation ofoperation, or have any other effect upon, such other portions, sections, parts, terms terms, and/or provisions of this License Agreement as may remain otherwise intelligible; , and the latter shall continue to be given full force and effect and to bind the parties hereofparties; and said invalid portions, sections, parts, terms terms, and/or provisions shall be deemed not to be a part of this License Agreement. B. Nothing 14.02. Except as has been expressly provided to the contrary herein, nothing in this License Agreement is intended, nor shall be deemed, to confer any rights or remedies upon any person or legal entity other than Licensor or LicenseeDeveloper, Franchisor, Franchisor's officers, directors, and their employees, and Developer's and Franchisor's respective successors and assigns as permitted may be contemplated (and, as to Developer, permitted) by Section VI hereof, any rights or remedies under or by reason of this License Agreement. C. In the event a court in a final decision rules that any provision of this License Agreement or portion thereof is unenforceable, Licensee 14.03. Developer expressly agrees to be bound by any covenant or promise imposing the maximum duty ruled enforceable permitted by law which is subsumed within the courtterms of any provision hereof, as though it were separately articulated in and made a part of this Agreement, that may result from striking from any of the provisions hereof any portion or portions which a court will hold to be unreasonable and unenforceable in a final decision to which Franchisor is a party, or from reducing the scope of any promise or covenant to the extent required to comply with such court order. D. 14.04. All captions in this License Agreement are intended solely for the convenience of the parties, and none shall be deemed to affect the meaning or construction of any provision the provisions hereof. E. 14.05. All references herein provisions of this Agreement which, by their terms or intent, are designed to survive the masculineexpiration or termination of this Agreement, neuter or singular shall be construed to include so survive the masculine, feminine, neuter or plural, where applicableexpiration and/or termination of this Agreement. F. 14.06. This License Agreement may be executed in several counterparts, multiple originals and each copy so executed shall be deemed an original.

Severability and Construction. A. Except as expressly provided to the contrary herein, each portion, section, part, term and/or and provision of this License Agreement shall be considered severable; and if, . If for any reason, a reason any portion, section, part, term and/or or provision herein is determined to be invalid and contrary to, or in conflict with, any existing or future law or regulation by a court or agency having valid jurisdiction, such this shall not impair the operation of, or have any other effect upon, such the other portions, sections, parts, terms and/or or provisions of this License Agreement as that may remain otherwise intelligible; , and the latter shall continue to be given full force and effect and bind the parties hereof; and said parties. The invalid portions, sections, parts, terms and/or or provisions shall be deemed not to be a part of this License AgreementAgreement and there shall be automatically added such portion, section, part, term or provision as similar as possible to that which was severed which shall be valid and not contrary to or in conflict with any law or regulation. B. Nothing Except as expressly provided to the contrary herein, nothing in this License Agreement is intended, nor shall be deemeddeemed to, to confer any rights or remedies upon any person or legal entity Entity, other than Licensor or LicenseeDeveloper and Licensor, Licensor's officers, directors and their personnel and such of Developers and Licensors respective successors and assigns as permitted may be contemplated (and, as to Developer, authorized by Article VIII), any rights or remedies under or as a result of this License Agreement. C. In the event a court in a final decision rules that any provision of this License Agreement or portion thereof is unenforceable, Licensee agrees to be bound by the maximum duty ruled enforceable by the court. D. All captions in this License Agreement are intended solely for the convenience of the parties, parties and none shall be deemed to not affect the meaning or construction of any provision hereofof this Agreement. E. D. All references herein to the masculine, neuter or singular shall be construed to include the masculine, feminine, neuter or plural, where applicable. F. This License . Without limiting the obligations individually undertaken by Controlling Principals under this Agreement, all acknowledgments, promises, covenants, agreements and obligations made or undertaken by Developer in this Agreement may be executed in several counterparts, and each copy so executed shall be deemed an originaldeemed, jointly and severally, undertaken by Controlling Principals.

Severability and Construction. A. Except as expressly provided to the contrary herein, each portion, section, part, term and/or provision of this License Agreement shall be considered severable; and if, for any reason, a portion, any section, part, term and/or provision herein is determined to be invalid and contrary to, or in conflict with, any existing or future law or regulation by a court or agency having valid jurisdiction, such shall not impair the operation of, or have any other effect upon, such other portions, sections, parts, terms and/or provisions of this License Agreement as may remain otherwise intelligible; , and the latter shall continue to be given full force and effect and bind the parties hereofhereto; and said invalid portions, sections, parts, terms and/or provisions shall be deemed not to be a part of this License Agreement; provided, however, that if Franchisor determines that such finding of invalidity or illegality adversely affects the basic consideration of this Agreement, Franchisor, at its option, may terminate this Agreement. B. Nothing Anything to the contrary herein notwithstanding, nothing in this License Agreement is intended, nor shall be deemed, to confer any rights or remedies upon any person or legal entity other than Licensor Franchisor or Licensee, Area Representative and such of their respective successors and assigns as permitted may be contemplated by Paragraph XXII.A., any rights or remedies under or by reason of this License Agreement. C. In the event a court in a final decision rules that any provision of this License Agreement or portion thereof is unenforceable, Licensee Area Representative expressly agrees to be bound by any promise or covenant imposing the maximum duty ruled enforceable permitted by law which is subsumed within the courtterms of any provision hereof, as though it were separately articulated in and made a part of this Agreement, that may result from striking from any of the provisions hereof any portion or portions which a court may hold to be unreasonable and unenforceable in a final decision to which Franchisor is a party, or from reducing the scope of any promise or covenant to the extent required to comply with such a court order. D. All captions in this License the Agreement are intended solely for the convenience of the parties, and none shall be deemed to affect the meaning or construction of any provision hereof. E. All references herein to the masculine, neuter or singular shall be construed to include the masculine, feminine, neuter or plural, where applicable. F. This License Agreement may be executed in several counterparts, duplicate and each copy so executed shall be deemed an original.

Severability and Construction. A. Except as expressly provided to the contrary herein, each portion, sectionEach paragraph, part, term and/or provision of this License Agreement shall be considered severable; , and if, for any reason, a portion, sectionany paragraph, part, term and/or provision herein is determined to be invalid and contrary to, or in conflict with, any existing or future law or regulation by a court or agency having valid jurisdictionregulation, such shall not impair the operation of, of or have any other effect upon, such other affect the remaining portions, sectionsparagraphs, parts, terms and/or provisions of this License Agreement as may remain otherwise intelligible; Agreement, and the latter shall continue to be given full force and effect and bind the parties hereofhereto; and said invalid portions, sectionsparagraphs, parts, terms and/or provisions shall be deemed not to be a part of this License Agreement; provided, however, that if Franchisor determines that said finding of illegality adversely affects the basic consideration of this Agreement, Franchisor may, at its option, terminate this Agreement. B. Nothing Anything to the contrary herein notwithstanding, nothing in this License Agreement is intended, nor shall be deemed, to confer any rights or remedies upon any person or legal entity other than Licensor Franchisor or Licensee, Franchisee and such of their respective successors and assigns as permitted may be contemplated by this License Agreement, any rights or remedies under or by reason of this Agreement. C. In Franchisee expressly shall be bound by any promise or covenant imposing the event maximum duty permitted by law which is contained within the terms of any provision hereof, as though it were separately stated in and made a part of this Agreement, that may result from striking from any of the provisions hereof any portion or portions which a court may hold to be unreasonable and unenforceable in a final decision rules that to which Franchisor is a party, or from reducing the scope of any provision of this License Agreement promise or portion thereof is unenforceable, Licensee agrees covenant to be bound by the maximum duty ruled enforceable by the courtextent required to comply with such a court order. D. All captions in this License Agreement herein are intended solely for the convenience of the parties, and none shall be deemed to affect the meaning or construction of any provision hereof. E. All references herein to the masculine, neuter or singular shall be construed to include the masculine, feminine, neuter or plural, where applicable. F. This License Agreement may be executed in several counterpartsmultiple copies, and each copy so executed shall be deemed an original.

Severability and Construction. A. Except as expressly provided to the contrary herein, each portion, section, part, term and/or and provision of this License Agreement shall be considered severable; and if, . If for any reason, a reason any portion, section, part, term and/or or provision herein is determined to be invalid and contrary to, or in conflict with, any existing or future law or regulation by a court or agency having valid jurisdiction, such this shall not impair the operation of, or have any other effect upon, such the other portions, sections, parts, terms and/or or provisions of this License Agreement as that may remain otherwise intelligible; , and the latter shall continue to be given full force and effect and bind the parties hereof; and said parties. The invalid portions, sections, parts, terms and/or or provisions shall be deemed not to be a part of this License AgreementAgreement and there shall be automatically added such portion, section, part, term or provision as similar as possible to that which was severed which shall be valid and not contrary to or in conflict with any law or regulation. B. Nothing Except as expressly provided to the contrary herein, nothing in this License Agreement is intended, nor shall be deemeddeemed to, to confer any rights or remedies upon any person or legal entity Entity other than Licensor or LicenseeDeveloper and Licensor, Licensor's officers, directors and their personnel and such of Developers and Licensors respective successors and assigns as permitted may be contemplated (and, as to Developer, authorized by Article VIII), any rights or remedies under or as a result of this License Agreement. C. In the event a court in a final decision rules that any provision of this License Agreement or portion thereof is unenforceable, Licensee agrees to be bound by the maximum duty ruled enforceable by the court. D. All captions in this License Agreement are intended solely for the convenience of the parties, parties and none shall be deemed to not affect the meaning or construction of any provision hereofof this Agreement. E. D. All references herein to the masculine, neuter or singular shall be construed to include the masculine, feminine, neuter or plural, where applicable. F. This License . Without limiting the obligations individually undertaken by the Controlling Principals under this Agreement, all acknowledgments, promises, covenants, agreements and obligations made or undertaken by Developer in this Agreement may be executed in several counterparts, and each copy so executed shall be deemed an originaldeemed, jointly and severally, undertaken by all of the Controlling Principals.

Severability and Construction. A. Except as expressly provided to the contrary herein, each portion, section, part, term term, and/or provision of this License Agreement shall be considered severable; and if, for any reason, a portion, any section, part, term term, and/or provision herein is determined to be invalid and contrary to, or in conflict with, any existing or future law or regulation by a court or agency having valid jurisdiction, such shall not impair the operation of, or have any other effect upon, such other portions, sections, parts, terms terms, and/or provisions of this License Agreement as may remain otherwise intelligible; and the latter shall continue to be given full force and effect and bind the parties hereofhereto; and said invalid portions, sections, parts, terms and/or provisions shall be deemed not to be a part of this License Agreement. B. Nothing Except as expressly provided to the contrary herein, nothing in this License Agreement is intended, nor shall be deemed, to confer any rights or remedies upon any person or legal entity other than Licensor or LicenseeFranchisee, Franchisor, Franchisor's officers, directors, and their employees, and such of Franchisee's and Franchisor's respective successors and assigns as permitted may be contemplated (and, as to Franchisee, permitted) by Section XII. hereof, any rights or remedies under or by reason of this License Agreement. C. In Franchisee, the event Operating Principal, the Operating Designee, and Franchisee's Principals, as applicable, expressly agree to be bound by any promise or covenant imposing the maximum duty permitted by law which is subsumed within the terms of any provision hereof, as though it were separately articulated in and made a part of this Agreement, that may result from striking from any of the provisions hereof any portion or portions which a court may hold to be unreasonable and unenforceable in a final decision rules that to which Franchisor is a party, or from reducing the scope of any provision of this License Agreement promise or portion thereof is unenforceable, Licensee agrees covenant to be bound by the maximum duty ruled enforceable by the courtextent required to comply with such a court order. D. All captions in this License Agreement are intended solely for the convenience of the all parties, and none shall be deemed to affect the meaning or construction of any provision hereof. E. All references herein to the masculine, neuter neuter, or singular shall be construed to include the masculine, feminine, neuter neuter, or plural, where applicable. F. This License Agreement may be executed in several counterparts; and, without limiting the obligations individually undertaken by the Operating Principal and each copy so executed Franchisee's Principals hereunder, all acknowledgments, promises, covenants, agreements and obligations herein made or undertaken by Franchisee shall be deemed an originaljointly and severally undertaken by all those executing this Agreement on behalf of Franchisee.

Severability and Construction. A. Except as expressly provided to the contrary herein, each portion, sectionEach Paragraph, part, term and/or provision of this License Agreement shall be considered severable; , and if, for any reason, a portion, sectionany Paragraph, part, term and/or provision herein is determined to be invalid and contrary to, or in conflict with, any existing or future law or regulation by a court or agency having valid jurisdictionregulation, such shall not impair the operation of, of or have any other effect upon, such other affect the remaining portions, sections, parts, terms and/or provisions of this License Agreement as may remain otherwise intelligible; Agreement, and the latter shall will continue to be given full force and effect and bind the parties hereofhereto; and said invalid portions, sections, parts, terms and/or provisions shall be deemed not to be a part of this License Agreement; provided, however, that if Franchisor determines that said finding of illegality adversely affects the basic consideration of this Agreement, Franchisor may, at its option, terminate this Agreement. B. Nothing Anything to the contrary herein notwithstanding, nothing in this License Agreement is intended, nor shall be deemed, to confer any rights or remedies upon any person or legal entity other than Licensor Franchisor or Licensee, Franchisee and such of their respective successors and assigns as permitted may be contemplated by this License Agreement, any rights or remedies under or by reason of this Agreement. C. In Franchisee shall be bound by any promise or covenant imposing the event maximum duty permitted by law which is contained within the terms of any provision hereof, as though it were separately stated in and made a part of this Agreement, that may result from striking from any of the provisions hereof any portion or portions which a court may hold to be unreasonable and unenforceable in a final decision rules that to which Franchisor is a party, or from reducing the scope of any provision of this License Agreement promise or portion thereof is unenforceable, Licensee agrees covenant to be bound by the maximum duty ruled enforceable by the courtextent required to comply with such a court order. D. All captions in this License Agreement herein are intended solely for the convenience of the parties, and none shall be deemed to affect the meaning or construction of any provision hereof. The singular usage includes the plural and the masculine and neuter usages include the other and the feminine. E. All references herein to The recitals set forth in this Agreement are specifically incorporated into the masculine, neuter or singular shall be construed to include the masculine, feminine, neuter or plural, where applicableterms of this Agreement and hereby constitute a part thereof. F. This License Agreement may be executed in several counterparts, and each copy so executed shall be deemed an original.

Severability and Construction. A. Except as expressly provided to the contrary herein, each portion, section, part, term and/or and provision of this License Agreement shall be considered severable; and if, . If for any reason, a reason any portion, section, part, term and/or or provision herein is determined to be invalid and contrary to, or in conflict with, any existing or future law or regulation by a court or agency having valid jurisdiction, such this shall not impair the operation of, or have any other effect upon, such the other portions, sections, parts, terms and/or or provisions of this License Agreement as that may remain otherwise intelligible; , and the latter shall continue to be given full force and effect and bind the parties hereof; and said parties. The invalid portions, sections, parts, terms and/or or provisions shall be deemed not to be a part of this License AgreementAgreement and there shall be automatically added such portion, section, part, term or provision as similar as possible to that which was severed which shall be valid and not contrary to or in conflict with any law or regulation. B. Nothing Except as expressly provided to the contrary herein, nothing in this License Agreement is intended, nor shall be deemeddeemed to, to confer any rights or remedies upon any person or legal entity Entity, other than Licensor or LicenseeDeveloper and Licensor, Licensor's officers, directors and their personnel and such of Developers and Licensors respective successors and assigns as permitted may be contemplated (and, as to Developer, authorized by Article VIII), any rights or remedies under or as a result of this License Agreement. C. In the event a court in a final decision rules that any provision of this License Agreement or portion thereof is unenforceable, Licensee agrees to be bound by the maximum duty ruled enforceable by the court. D. All captions in this License Agreement are intended solely for the convenience of the parties, parties and none shall be deemed to not affect the meaning or construction of any provision hereofof this Agreement. E. D. All references herein to the masculine, neuter or singular shall be construed to include the masculine, feminine, neuter or plural, where applicable. Without limiting the obligations individually undertaken by Controlling Principals under this Agreement, all acknowledgments, promises, covenants, agreements and obligations made or undertaken by Developer in this Agreement shall be deemed, jointly and severally, undertaken by Controlling Principals. F. This License Agreement may be executed E. The term "Principals" shall mean, collectively and individually, Developer's spouse, if Developer is an individual; all officers and directors of Developer (including the officers and directors of any general partner of Developer) whom Licensor designates as Principals and all holders of an ownership interest in several counterpartsDeveloper and of any Entity directly or indirectly controlling Developer, and each copy so executed shall be deemed an original.any other person or Entity controlling, controlled by or under common control with Developer. Each Principal as of the date of this Agreement is listed on Attachment D.

Severability and Construction. A. 27.7.1 Except as expressly provided to the contrary hereinin this Agreement, each portion, section, part, term and/or provision of this License Agreement shall be considered is severable; and if. If, for any reasonreason a court or agency having valid jurisdiction, a portion, determines any section, part, term and/or or provision herein of this Agreement is determined to be invalid and contrary to, or in conflict with, any existing or future law or regulation by a court or agency having valid jurisdictionregulation, such shall that decision will not impair the operation of, or have any other effect upon, such other portions, sections, parts, terms and/or or provisions of this License Agreement as may that remain otherwise intelligible; and the . The latter shall will continue to be given full force and effect and bind the parties hereof; parties, and said the invalid portions, sections, parts, terms and/or or provisions shall will be deemed not to be a part of this License Agreement. B. Nothing 27.7.2 Except as expressly provided to the contrary in this License Agreement, nothing in this Agreement is intended, nor shall will be deemed, to confer any rights or remedies upon any person or legal entity other than Licensor or Licensee, Company, Company’s officers, directors and their respective employees, and such successors and assigns as permitted may be contemplated by this License Agreement any rights or remedies under or by reason of this Agreement. C. In the event a court in a final decision rules that any provision of this License Agreement or portion thereof is unenforceable, Licensee agrees to be bound by the maximum duty ruled enforceable by the court. D. 27.7.3 All captions in this License Agreement are intended solely for the convenience of the parties, and none shall will be deemed to affect the meaning or construction of any provision hereof. E. 27.7.4 All references herein to the masculine, neuter or singular shall will be construed to include the masculine, feminine, neuter or plural, where applicable. F. This License Agreement may be executed in several counterparts; and all acknowledgments, promises, covenants, agreements and each copy so executed shall obligations herein made or undertaken by Licensee will be deemed an originaljointly and severally undertaken by all those executing this Agreement on behalf of Licensee.

Severability and Construction. A. 7.1 Except as expressly provided to the contrary herein, each portionarticle, sectionterm, part, term and/or condition and provision of this License Management Agreement shall be considered severable; , and if, for any reasonreason whatsoever, a portionany such article, sectionterm, part, term and/or condition or provision herein is determined deemed to be invalid and invalid, illegal or incapable of being enforced as being contrary to, or in conflict with, with any existing or future law or regulation by a any court or agency having valid jurisdiction, such shall not impair the operation of, or have any other effect upon, upon such other portionsarticles, sectionsterms, parts, terms and/or conditions and provisions of this License Agreement as may remain otherwise intelligible; Management Agreement, and the latter shall continue to be given full force and effect and bind by the parties hereof; hereto, and said invalid portions, sections, parts, terms and/or provisions shall be deemed not to be a part of this License Agreementconstrued as if such invalid, illegal or unenforceable article, term, condition or provision were omitted. B. Nothing in this License Agreement is intended7.2 All captions, nor shall be deemedtitles, to confer any rights or remedies upon any person or legal entity other than Licensor or Licensee, headings and their respective successors article numbers herein have been inserted and assigns as permitted by this License Agreement. C. In the event a court in a final decision rules that any provision of this License Agreement or portion thereof is unenforceable, Licensee agrees to be bound by the maximum duty ruled enforceable by the court. D. All captions in this License Agreement are intended solely for the convenience of the parties, and none such shall be construed or deemed to affect the meaning or construction of any provisions hereof, nor to limit the scope of the provision hereofto which they refer. E. 7.3 All references herein to the masculinemasculine gender shall include the feminine and neuter genders, neuter or and all references herein to the singular shall be construed to include the masculine, feminine, neuter or plural, where applicable. F. 7.4 This License Management Agreement may be executed in several counterpartsconstitutes the entire, full and complete Agreement between the Company and the Manager concerning the subject matter hereof, and each copy so executed shall supersede all prior agreements, no other representations having induced the Company to execute this Agreement. No representation, inducement, promises or agreements, oral or otherwise, between the parties not included herein or attached hereto, unless of subsequent date, have been made by either party and none such shall be deemed an originalof any force or effect with reference to this Management Agreement or otherwise. No amendment, change or variance of this Management Agreement shall be binding upon either party, unless mutually agreed to by the parties and executed by them, or by their respective authorized employees, officers, or agents in writing.

Severability and Construction. A. 15.01. Except as expressly provided to the contrary herein, each portion, section, part, term term, and/or provision of this License Agreement shall be considered severable; and if, for any reason, a portion, any section, part, term term, and/or provision herein is determined to be invalid and contrary to, or in conflict with, any existing or future law or regulation by a court or agency having valid jurisdiction, such shall not impair the operation ofoperation, or have any other effect upon, such other portions, sections, parts, terms terms, and/or provisions of this License Agreement as may remain otherwise intelligible; , and the latter shall continue to be given full force and effect and to bind the parties hereofparties; and said invalid portions, sections, parts, terms terms, and/or provisions shall be deemed not to be a part of this License Agreement. B. Nothing 15.02. Except as has been expressly provided to the contrary herein, nothing in this License Agreement is intended, nor shall be deemed, to confer any rights or remedies upon any person or legal entity other than Licensor or LicenseeDeveloper, Franchisor, Franchisor's officers, directors, and their employees, and Developer's and Franchisor's respective successors and assigns as permitted may be contemplated (and, as to Developer, permitted) by Section VI hereof, any rights or remedies under or by reason of this License Agreement. C. In the event a court in a final decision rules that any provision of this License Agreement or portion thereof is unenforceable, Licensee 15.03. Developer expressly agrees to be bound by any covenant or promise imposing the maximum duty ruled enforceable permitted by law which is subsumed within the courtterms of any provision hereof, as though it were separately articulated in and made a part of this Agreement, that may result from striking from any of the provisions hereof any portion or portions which a court will hold to be unreasonable and unenforceable in a final decision to which Franchisor is a party, or from reducing the scope of any promise or covenant to the extent required to comply with such court order. D. 15.04. All captions in this License Agreement are intended solely for the convenience of the parties, and none shall be deemed to affect the meaning or construction of any provision the provisions hereof. E. 15.05. All references herein provisions of this Agreement which, by their terms or intent, are designed to survive the masculineexpiration or termination of this Agreement, neuter or singular shall be construed to include so survive the masculine, feminine, neuter or plural, where applicableexpiration and/or termination of this Agreement. F. 15.06. This License Agreement may be executed in several counterparts, multiple originals and each copy so executed shall be deemed an original.

Severability and Construction. A. Except as expressly provided to the contrary herein, each portion, section, part, term and/or and provision of this License Agreement shall be considered severable; and if, for any reason, a any portion, section, part, term and/or or provision herein is determined to be invalid and contrary to, or in conflict with, any existing or future law or regulation by a court or agency having valid jurisdiction, such this shall not impair the operation of, or have any other effect upon, such the other portions, sections, parts, terms and/or or provisions of this License Agreement as may that remain otherwise intelligible; , and the latter shall continue to be given full force and effect and bind the parties hereofParties; and said the if invalid portions, sections, parts, terms and/or or provisions shall be deemed not to be a part of this License Agreement. B. Nothing Except as expressly provided to the contrary herein, nothing in this License Agreement is intended, nor shall be deemed, to confer any rights or remedies upon any person or legal entity other than Licensor or LicenseeYou, Airsopure, Airsopure officers, directors and their personnel and such of Your and Airsopure respective successors and assigns as permitted may be contemplated (and, as to You, authorized by Section 7.), any rights or remedies under or as a result of this License Agreement. C. In the event a court in a final decision rules that any provision of this License Agreement or portion thereof is unenforceable, Licensee agrees to be bound by the maximum duty ruled enforceable by the court. D. All captions in this License Agreement are intended solely for the convenience of the parties, Parties and none shall be deemed to not affect the meaning or construction of any provision hereofof this Agreement. E. D. All references herein to the masculine, neuter or singular shall be construed to include the masculine, feminine, neuter or plural, where applicable. F. This License Agreement may be executed . Without limiting the obligations individually undertaken by Your Principals under this Agreement, all acknowledgments, promises, covenants, agreements and obligations made or undertaken by You in several counterparts, and each copy so executed this agreement shall be deemed jointly and severally undertaken by all of Your Principals. E. Except as may be otherwise agreed to in writing between You and Airsopure, the term "Your Principals" as used in this Agreement shall include, collectively or individuality, Your spouse, if You is an originalindividual; all officers and directors of, and holders of a beneficial interest of one percent (1%) or more of any class of securities of, You and any corporation direct or indirect controlling You, if You are a corporation; and the general partners of You and the officers and directors of, and holders of a beneficial interest of one percent (1%) or more of any class of securities of, a corporate general partner and any corporation which controls, directly or indirectly, any general partner, if You are a partnership. The Operating Principal shall be one of Your Principals unless otherwise agreed to between the developer and Airsopure, in accordance with certain ownership conditions.

Severability and Construction. A. 21.01 Except as expressly provided to the contrary hereinin this Agreement, each portion, section, part, term term, and/or provision of this License Agreement shall be considered severable; and if. If, for any reason, a portion, any section, part, term term, and/or provision herein in this Agreement is determined to be invalid and contrary to, or in conflict with, any existing or future law or regulation by a court or agency having valid jurisdiction, such shall not impair the operation of, or have any other effect upon, such other portions, sections, parts, terms terms, and/or provisions of this License Agreement as may remain otherwise intelligible; , and the latter shall continue to be given full force and effect and bind the parties hereofto this Agreement; and said the invalid portions, sections, parts, terms terms, and/or provisions shall be deemed not to be a part of this License Agreement. B. Nothing 21.02 Anything to the contrary in this License Agreement notwithstanding, nothing in this Agreement is intended, nor shall be deemed, to confer any rights or remedies upon any person or legal entity other than Franchisor or Master Licensor or Licensee, and such of their respective successors and assigns as permitted may be contemplated by Section 12 of this License Agreement, any rights or remedies under or by reason of this Agreement. C. In the event a court in a final decision rules that any provision of this License Agreement or portion thereof is unenforceable, Licensee 21.03 Master Licensor expressly agrees to be bound by any promise or covenant imposing the maximum duty ruled enforceable permitted by law which is subsumed within the courtterms of any provision of this Agreement, as though it were separately articulated in and made a part of this Agreement, that may result from striking from any of the provisions of this Agreement any portion or portions which a court may hold to unreasonable and unenforceable in a final decision to which Franchisor is a party, or from reducing the scope of any promise or covenant to the extent required to comply with such court order. D. 21.04 All captions in this License Agreement are intended solely for the convenience of the parties, and none shall be deemed to affect the meaning or construction of any provision hereofof this Agreement. E. 21.05 All references herein in this Agreement to the masculine, neuter neuter, or singular shall be construed to include the masculine, feminine, neuter neuter, or plural, where applicable, and all acknowledgments, promises, covenants, agreements, and obligations in this Agreement made or undertaken by Master Licensor shall be deemed jointly and severally undertaken by all the parties to this Agreement on behalf of Master Licensor. F. 21.06 This License Agreement may be executed in several counterpartsmultiple copies, and each copy so executed of which shall be deemed an originaloriginal and all of which, taken together , shall constitute on instrument.

Severability and Construction. A. Except as expressly provided to the contrary hereincontrary, each portion, section, part, term and/or provision of this License Agreement shall will be considered severable; and if, for any reason, a portion, section, part, term term, and/or provision herein is determined to be invalid and contrary to, or in conflict with, any existing or future law or regulation by a court or agency having valid jurisdiction, such shall will not impair the operation of, or have any other effect upon, such other portions, sections, parts, terms terms, and/or provisions of this License Agreement as may remain otherwise intelligible; and the latter shall continue to be given full force and effect and bind the parties hereofparties; and said invalid portions, sections, parts, terms and/or provisions shall will be deemed not to be a part of this License Agreement. B. Nothing Except as expressly provided to the contrary, nothing in this License Agreement is intended, nor shall will be deemed, to confer any rights or remedies upon any person or legal entity other than Licensor or Licenseeyou, us, our officers, directors, and their employees, and such of your and our respective successors and assigns as permitted may be contemplated (and, as to you, permitted) by Section XII. hereof, any rights or remedies under or by reason of this License Agreement. C. In You expressly agree to be bound by any promise or covenant imposing the event maximum duty permitted by law which is subsumed within the terms of any provision hereof, as though it were separately articulated in and made a part of this Agreement, that may result from striking from any of the provisions hereof any portion or portions which a court may hold to be unreasonable and unenforceable in a final decision rules that to which we are is a party, or from reducing the scope of any provision of this License Agreement promise or portion thereof is unenforceable, Licensee agrees covenant to be bound by the maximum duty ruled enforceable by the courtextent required to comply with such a court order. D. All captions in this License Agreement are intended solely for the convenience of the parties, and none shall be deemed to affect the meaning or construction of any provision hereof. E. All references herein to the masculine, neuter neuter, or singular shall be construed to include the masculine, feminine, neuter neuter, or plural, where applicable; and all acknowledgments, promises, covenants, agreements, and obligations herein made or undertaken by you will be deemed jointly and severally undertaken by all those executing this Agreement on your behalf. F. This License Agreement may be executed in several counterpartsparts, and each copy so executed shall will be deemed an original.

Severability and Construction. A. Except as expressly provided to the contrary herein, each portion, section, part, term term, and/or provision of this License Agreement shall be considered severable; and if, for any reason, a portion, any section, part, term term, and/or provision herein is determined to be invalid and contrary to, or in conflict with, any existing or future law or regulation by a court or agency having valid jurisdiction, such shall not impair the operation of, or have any other effect upon, such other portions, sections, parts, terms terms, and/or provisions of this License Agreement as may remain otherwise intelligible; , and the latter shall continue to be given full force and effect and bind the parties hereofhereto; and said invalid portions, sections, parts, terms terms, and/or provisions shall be deemed not to be a part of this License Agreement. B. Nothing Except as expressly provided to the contrary herein, nothing in this License Agreement is intended, nor shall be deemed, to confer any rights or remedies upon any person or legal entity other than Licensor or LicenseeDeveloper, Franchisor, Franchisor's officers, directors, and their employees, and such of Developer's and Franchisor's respective successors and assigns as permitted may be contemplated (and, as to Developer, permitted) by Section VIII. hereof, any rights or remedies under or by reason of this License Agreement. C. In Developer, the event Operating Principal, the Operating Designee, and Developer's Principals, as applicable, expressly agree to be bound by any promise or covenant imposing the maximum duty permitted by law which is subsumed within the terms of any provision hereof, as though it were separately articulated in and made a part of this Agreement, that may result from striking from any of the provisions hereof any portion or portions which a court may hold to be unreasonable and unenforceable in a final decision rules that to which Franchisor is a party, or from reducing the scope of any provision of this License Agreement promise or portion thereof is unenforceable, Licensee agrees covenant to be bound by the maximum duty ruled enforceable by the courtextent required to comply with such a court order. D. All captions in this License Agreement are intended solely for the convenience of the parties, and none shall be deemed to affect the meaning or construction of any provision hereof. E. All references herein to the masculine, neuter neuter, or singular shall be construed to include the masculine, feminine, neuter neuter, or plural, where applicable. F. This License Agreement may be executed in several counterparts; and, without limiting the obligations individually undertaken by the Operating Principal and Developer's Principals hereunder, all acknowledgments, promises, covenants, agreements, and each copy so executed obligations herein made or undertaken by Developer shall be deemed an originaljointly and severally undertaken by all those executing this Agreement on behalf of Developer.

Severability and Construction. A. Except as expressly provided to the contrary herein, each portion, sectionEach Section, part, term and/or provision of this License Agreement shall be considered severable; , and if, for any reason, a portion, sectionany Section, part, term and/or provision herein is determined to be invalid and contrary to, or in conflict with, any existing or future law or regulation by a court or agency having valid jurisdictionregulation, such shall not impair the operation of, of or have any other effect upon, such other affect the remaining portions, sections, parts, terms and/or provisions of this License Agreement as may remain otherwise intelligible; Agreement, and the latter shall continue to be given full force and effect and bind the parties hereofhereto; and said invalid portions, sections, parts, terms and/or provisions shall be deemed not to be a part of this License Agreement; provided, however, that if we determine that said finding of illegality adversely affects the basic consideration of this Agreement, we may, at our option, terminate this Agreement. B. Nothing Anything to the contrary herein notwithstanding, nothing in this License Agreement is intended, nor shall be deemed, to confer any rights or remedies upon any person or legal entity other than Licensor us or Licensee, you and such of their respective successors and assigns as permitted may be contemplated by this License Agreement, any rights or remedies under or by reason of this Agreement. C. In You shall be bound by any promise or covenant imposing the event maximum duty permitted by law which is contained within the terms of any provision hereof, as though it were separately stated in and made a part of this Agreement, that may result from striking from any of the provisions hereof any portion or portions which a court may hold to be unreasonable and unenforceable in a final decision rules that to which we are a party, or from reducing the scope of any provision of this License Agreement promise or portion thereof is unenforceable, Licensee agrees covenant to be bound by the maximum duty ruled enforceable by the courtextent required to comply with such a court order. D. All captions in this License Agreement herein are intended solely for the convenience of the parties, and none shall be deemed to affect the meaning or construction of any provision hereof. The singular usage includes the plural and the masculine and neuter usages include the other and the feminine. E. All references herein to The recitals set forth in this Agreement are specifically incorporated into the masculine, neuter or singular shall be construed to include the masculine, feminine, neuter or plural, where applicableterms of this Agreement and hereby constitute a part thereof. F. This License Agreement may be executed in several counterparts, and each copy so executed shall be deemed an original.

Severability and Construction. A. Except as expressly provided to the contrary herein, each portion, section, part, term and/or and provision of this License Agreement shall be considered severable; and if, . If for any reason, a reason any portion, section, part, term and/or or provision herein is determined to be invalid and contrary to, or in conflict with, any existing or future law or regulation by a court or agency having valid jurisdiction, such this shall not impair the operation of, or have any other effect upon, such the other portions, sections, parts, terms and/or or provisions of this License Agreement as that may remain otherwise intelligible; , and the latter shall continue to be given full force and effect and bind the parties hereof; and said parties. The invalid portions, sections, parts, terms and/or or provisions shall be deemed not to be a part of this License AgreementAgreement and there shall be automatically added such portion, section, part, term or provision as similar as possible to that which was severed which shall be valid and not contrary to or in conflict with any law or regulation. B. Nothing Except as expressly provided to the contrary herein, nothing in this License Agreement is intended, nor shall be deemeddeemed to, to confer any rights or remedies upon any person or legal entity Entity, other than Licensor or LicenseeDeveloper and Licensor, Licensor's officers, directors and their personnel and such of Developers and Licensors respective successors and assigns as permitted may be contemplated (and, as to Developer, authorized by Article VIII), any rights or remedies under or as a result of this License Agreement. C. In the event a court in a final decision rules that any provision of this License Agreement or portion thereof is unenforceable, Licensee agrees to be bound by the maximum duty ruled enforceable by the court. D. All captions in this License Agreement are intended solely for the convenience of the parties, parties and none shall be deemed to not affect the meaning or construction of any provision hereofof this Agreement. E. D. All references herein to the masculine, neuter or singular shall be construed to include the masculine, feminine, neuter or plural, where applicable. F. This License . Without limiting the obligations individually undertaken by Controlling Principal under this Agreement, all acknowledgments, promises, covenants, agreements and obligations made or undertaken by Developer in this Agreement may be executed in several counterparts, and each copy so executed shall be deemed an originaldeemed, jointly and severally, undertaken by Controlling Principal.

Severability and Construction. A. Except as expressly provided to the contrary herein, each portion, section, part, term and/or provision of this License Agreement Retail Agreement, shall be considered severable; and if, if for any reason, a portion, reason any section, part, term and/or provision herein is determined to be invalid and contrary to, or in conflict with, any existing or future law or regulation by a court or agency having valid jurisdiction, such shall not impair the operation of, or have any other effect upon, upon such other portions, sections, parts, terms and/or provisions of this License Retail Agreement as may remain otherwise intelligible; and and, the latter shall continue to be given full force and effect and bind the parties hereofhereto; and said invalid portions, sections, parts, terms and/or provisions shall be deemed not to be a part of this License Retail Agreement. B. Nothing Notwithstanding anything to the contrary herein, nothing in this License Retail Agreement is intended, nor shall be deemed, to confer any rights or remedies upon any person or legal entity other than Licensor or LicenseeGNC, Rite Aid and such of their respective successors and assigns as permitted may be contemplated by Section XIII. hereof, any rights or remedies under or by reason of this License Retail Agreement. C. In the event a court in a final decision rules that any provision Each of this License Agreement or portion thereof is unenforceable, Licensee GNC and Rite Aid expressly agrees to be bound by any promise or covenants imposing the maximum duty ruled enforceable permitted by law which is subsumed written the courtterms of any provision hereof, as though it were separately articulated in and made a part of this Retail Agreement, that may result from striking form any of the provisions hereof any portion or portions which a court may hold to be unreasonable and unenforceable in a final decision to which GNC or Rite Aid, as the case may be, is a party, or from reducing the scope of any promise or covenant to the extent required to comply with such a court order. D. All captions in this License Retail Agreement are intended solely for the convenience of the parties, and none shall be deemed to affect the meaning or construction of any provision hereof. E. All references herein to the masculine, neuter or singular shall be construed to include the masculine, feminine, neuter or plural, where applicable. F. This License Agreement may be executed in several counterparts, and each copy so executed shall be deemed an original.

Severability and Construction. A. Except as expressly provided to the contrary herein, each portion, section, part, term and/or provision of this License Agreement shall be considered severable; and if, for any reason, a portion, section, part, term and/or provision herein is determined to be invalid and contrary to, or in conflict with, any existing or future law or regulation by a court or agency having valid jurisdiction, such shall not impair the operation of, or have any other effect upon, such other portions, sections, parts, terms and/or provisions of this License Agreement as may remain otherwise intelligible; and the latter shall continue to be given full force and effect and bind the parties hereof; and said invalid portions, sections, parts, terms and/or provisions shall be deemed not to be a part of this License Agreement. B. Nothing in this License Agreement is intended, nor shall be deemed, to confer any rights or remedies upon any person or legal entity other than Licensor or Licensee, and their respective successors and assigns as permitted by this License Agreement. C. In the event a court in a final decision rules that any provision of this License Agreement or portion thereof is unenforceable, Licensee agrees to be bound by the maximum duty ruled enforceable by the court. D. All captions in this License Agreement are intended solely for the convenience of the parties, and none shall be deemed to affect the meaning or construction of any provision hereof. E. All references herein to the masculine, neuter or singular shall be construed to include the masculine, feminine, neuter or plural, where applicable. F. This License Agreement may be executed in several counterparts, and each copy so executed shall be deemed an original.. CELLULAR ONE GROUP LICENSE AGREEMENT 55 12/2/99

Severability and Construction. A. Except as expressly provided to the contrary herein, each portion, section, part, term term, and/or provision of this License Agreement shall be considered severable; and if, for any reason, a portion, any section, part, term term, and/or provision herein is determined to be invalid and contrary to, or in conflict with, any existing or future law or regulation by a court or agency having valid jurisdiction, such shall not impair the operation of, or have any other effect upon, such other portions, sections, parts, terms terms, and/or provisions of this License Agreement as may remain otherwise intelligible; and and, the latter shall continue to be given full force and effect and bind the parties hereofhereto; and said invalid portions, sections, parts, terms terms, and/or provisions shall be deemed not to be a part of this License Agreement. B. Nothing Anything to the contrary herein notwithstanding, nothing in this License Agreement is intended, nor shall be deemed, to confer any rights or remedies upon any person or legal entity other than Licensor Franchisor or Licensee, Franchisee and such of their respective successors and assigns as permitted may be contemplated by Section XIII. hereof, any rights or remedies under or by reason of this License Agreement. C. In the event a court in a final decision rules that any provision of this License Agreement or portion thereof is unenforceable, Licensee Franchisee expressly agrees to be bound by any promise or covenants imposing the maximum duty ruled enforceable permitted by law which is subsumed within the courtterms of any provision hereof, as though it were separately articulated in and made a part of this Agreement, that may result from striking from any of the provisions hereof any portion or portions which a court may hold to be unreasonable and unenforceable in a final decision to which Franchisor is a party, or from reducing the scope of any promise or covenant to the extent required to comply with such a court order. D. All captions in this License Agreement are intended solely for the convenience of the parties, and none shall be deemed to affect the meaning or construction of any provision hereof. E. All references herein to the masculine, neuter neuter, or singular shall be construed to include the masculine, feminine, neuter neuter, or plural, where applicable, and all acknowledgments, promises, covenants, agreements, and obligations herein made or undertaken by Franchisee shall be deemed jointly and severally undertaken by all the parties hereto signing on behalf of Franchisee. F. This License Agreement may be executed in several counterpartsparts, and each copy so executed shall be deemed an original.

Severability and Construction. A. Except as expressly provided to the contrary herein, each portion, section, part, term and/or provision of this License Agreement shall be considered severable; and if14.1 If, for any reason, a portion, section, part, term and/or any provision herein of this Agreement is determined to be invalid and contrary to, or in conflict with, any existing or future law or regulation by a court or agency having valid jurisdiction, such invalidity shall not impair the operation of, or have any other effect upon, such other portions, sections, parts, terms and/or provisions of this License Agreement as may remain otherwise intelligible; and the . The latter shall continue to be given full force and effect and bind the parties hereof; hereto, and said the invalid portions, sections, parts, terms and/or provisions provision(s) shall be deemed not to be a part of this License Agreement. B. Nothing 14.2 Except as expressly provided to the contrary herein, nothing in this License Agreement is intended, nor shall be deemed, to confer any rights or remedies upon any person or legal entity other than Licensor or LicenseeDeveloper, Franchisor, and such of their respective successors and assigns as permitted may be contemplated by Section 8 above, any rights or remedies under or by reason of this License Agreement. C. In the event a court in a final decision rules that any 14.3 Any provision or covenant of this License Agreement which expressly or portion thereof is unenforceable, Licensee by reasonable implication imposes obligations after the expiration or termination of this Agreement shall survive such expiration or termination. 14.4 Developer agrees to be bound by any promise or covenant imposing the maximum duty ruled enforceable permitted by law which is subsumed within the court. D. All captions in this License Agreement are intended solely for the convenience of the parties, and none shall be deemed to affect the meaning or construction terms of any provision hereof. E. All references herein of this Agreement, as though it were separately articulated in and made a part of this Agreement, that may result from (i) striking from any of the provisions hereof any portion or portions which a court or agency having valid jurisdiction may hold to be unreasonable and unenforceable in an unappealed final decision to which Franchisor is a party, or (ii) reducing the scope of any promise or covenant to the masculine, neuter extent required to comply with such a court or singular shall be construed to include the masculine, feminine, neuter or plural, where applicableagency order. F. This License Agreement may be executed in several counterparts, and each copy so executed shall be deemed an original.

Severability and Construction. A. 12.1 Except as expressly provided to the contrary herein, each portion, section, part, term term, and/or provision of this License Agreement shall be considered severable; and if, for any reason, a portion, any section, part, term term, and/or provision herein is determined to be invalid and contrary to, or in conflict with, any existing or future law or regulation by a court or agency having valid jurisdiction, such shall not impair the operation of, or have any other effect upon, such other portions, sections, parts, terms terms, and/or provisions of this License Agreement as may remain otherwise intelligible; , and the latter shall continue to be given full force and effect and bind the parties hereofhereto; and said invalid portions, sections, parts, terms terms, and/or provisions shall be deemed not to be a part of this License Agreement. B. Nothing 12.2 Anything to the contrary herein notwithstanding, nothing in this License Agreement is intended, nor shall be deemed, to confer any rights or remedies upon any person or legal entity other than Licensor the Company or Licensee, Developer and such of their respective successors and assigns as permitted may be contemplated by Section 7 hereof, any rights or remedies under or by reason of this License Agreement. C. In the event a court in a final decision rules that any provision of this License Agreement or portion thereof is unenforceable, Licensee 12.3 Developer expressly agrees to be bound by any promise or covenants imposing the maximum duty ruled enforceable permitted by law which is subsumed within the courtterms of any provision hereof, as though it were separately articulated in and made a part of this Agreement, that my result from striking form any of the provisions hereof any portion or portions which a court may hold to be unreasonable and unenforceable in a final decision to which the Company is a party, or from reducing the scope of any promise or covenant to the extent required to comply with such a court order. D. 12.4 All captions in this License Agreement are intended solely for the convenience of the parties, and none shall be deemed to affect the meaning or construction of any provision hereof. E. All references herein to the masculine, neuter or singular shall be construed to include the masculine, feminine, neuter or plural, where applicable. F. This License Agreement may be executed in several counterparts, and each copy so executed shall be deemed an original.

Severability and Construction. A. Except as expressly provided to the contrary hereinEach article, each portionparagraph, section, partsubparagraph, term and/or provision and condition of this License Agreement shall Agreement, and any portions thereof, will be considered severable; and if. If, for any reason, a portion, section, part, term and/or provision herein any portion of this Agreement is determined to be invalid and invalid, contrary to, or in conflict with, any existing applicable present or future law law, rule or regulation in a final, unappealable ruling issued by any court, agency or tribunal with valid jurisdiction in a court or agency having valid jurisdictionproceeding to which HFS is a party, such shall that ruling will not impair the operation of, or have any other effect upon, such any other portions, sections, parts, terms and/or provisions portions of this License Agreement as may Agreement; all of which will remain otherwise intelligible; binding on the parties and the latter shall continue to be given full force and effect and bind the parties hereof; and said invalid portions, sections, parts, terms and/or provisions shall be deemed not to be a part of this License Agreementeffect. B. Nothing Except as otherwise provided in Section 22, nothing in this License Agreement is intended, nor shall be deemed, to confer any rights or remedies upon any person or legal entity other than Licensor or LicenseeFranchisee and HFS and its affiliates and such of their heirs, and their respective successors and assigns as permitted assigns, any rights or remedies under or by reason of this License Agreement. C. In the event a court in a final decision rules that any provision of this License Agreement or portion thereof is unenforceable, Licensee Franchisee expressly agrees to be bound by any promise or covenant imposing the maximum duty ruled enforceable permitted by law that is subsumed within the courtterms of any provision of this Agreement, as though it were separately articulated in and made a part of this Agreement, that may result from striking from any of the provisions of this Agreement any portion or portions which a court may hold to be unreasonable and unenforceable in a final decision to which HFS is a party, or from reducing the scope of any promise or covenant to the extent required to comply with such a court order. D. All captions No provision of this Agreement shall be interpreted in this License Agreement are intended solely for the convenience favor of, or against, any party because of the parties, and none shall be deemed to affect the meaning or construction of any provision hereofparty that drafted this Agreement. E. All references herein Whenever HFS has expressly reserved in this Agreement a right and/or discretion to take or withhold an action, or to grant or decline to grant Franchisee a right to take or withhold an action, except as otherwise expressly and specifically provided in this Agreement, HFS may make such decision or exercise its right and/or discretion on the masculinebasis of its judgment of what is in its best interests. This also applies if HFS is deemed to have a right and/or discretion. HFS' judgment of what is in the best interests of the System, neuter at the time its decision is made or singular shall its right or discretion is exercised, can be construed made without regard to include whether: (1) other reasonable alternative decisions or actions, or even arguably preferable alternative decisions or actions, could have been made by HFS; (2) HFS' decision or the masculineaction taken promotes its financial or other individual interest; (3) HFS' decision or the action taken applies differently to Franchisee and one or more other franchisees or HFS company-operated or affiliate-operated operations; or (4) HFS' decision or the action taken is adverse to Franchisee's interests. HFS will have no liability to Franchisee for any such decision or action. HFS and Franchisee intend that the exercise of HFS' right or discretion will not be subject to limitation or review. If applicable law implies a covenant of good faith and fair dealing in this Agreement, feminineHFS and Franchisee agree that such covenant will not imply any rights or obligations that are inconsistent with a fair construction of the terms of this Agreement and that this Agreement grants HFS the right to make decisions, neuter or plural, where applicabletake actions and/or refrain from taking actions not inconsistent with Franchisee's rights and obligations under this Agreement. F. This License Agreement may be executed in several counterparts, and each copy so executed shall be deemed an original.

Severability and Construction. A. Except as expressly provided to the contrary herein, each portion, section, part, term term, and/or provision of this License Agreement shall be considered severable; and if, for any reason, a portion, any section, part, term term, and/or provision herein is determined to be invalid and contrary to, or in conflict with, any existing or future law or regulation by a court or agency having valid jurisdiction, such shall not impair the operation of, or have any other effect upon, such other portions, sections, parts, terms terms, and/or provisions of this License Agreement as may remain otherwise intelligible; , and the latter shall continue to be given full force and effect and bind the parties hereofhereto; and said invalid portions, sections, parts, terms terms, and/or provisions shall be deemed not to be a part of this License Agreement. B. Nothing Anything to the contrary herein notwithstanding, nothing in this License Agreement is intended, nor shall be deemed, to confer any rights or remedies upon any person or legal entity other than Licensor Franchisor or Licensee, Area Developer and such of their respective successors and assigns as permitted may be contemplated by Section VII hereof, any rights or remedies under or by reason of this License Agreement. C. In the event a court in a final decision rules that any provision of this License Agreement or portion thereof is unenforceable, Licensee Area Developer expressly agrees to be bound by any promise or covenants imposing the maximum duty ruled enforceable permitted by law which is subsumed within the courtterms of any provision hereof, as though it were separately articulated in and made a part of this Agreement, that may result from striking from any of the provisions hereof any portion or portions which a court may hold to be unreasonable and unenforceable in a final decision to which Franchisor is a party, or from reducing the scope of any promise or covenant to the extent required to comply with such a court order. D. All captions in this License Agreement are intended solely for the convenience of the parties, and none shall be deemed to affect the meaning or construction of any provision hereof. E. All references herein to the masculine, neuter or singular shall be construed to include the masculine, feminine, neuter or plural, where applicable. F. This License Agreement may be executed in several counterparts, and each copy so executed shall be deemed an original.

Severability and Construction. A. Except as expressly provided to the contrary herein, each portion, section, part, term term, and/or provision of this License Agreement shall be considered severable; and if, for any reason, a portion, any section, part, term term, and/or provision herein is determined to be invalid and contrary to, or in conflict with, any existing or future law or regulation by a court or agency having valid jurisdiction, such shall not impair the operation of, or have any other effect upon, such other portions, sections, parts, terms terms, and/or provisions of this License Agreement as may remain otherwise intelligible; and the latter shall continue to be given full force and effect and bind the parties hereofhereto; and said invalid portions, sections, parts, terms and/or provisions shall be deemed not to be a part of this License Agreement. B. Nothing Except as expressly provided to the contrary herein, nothing in this License Agreement is intended, nor shall be deemed, to confer any rights or remedies upon any person or legal entity other than Licensor or LicenseeFranchisee, Franchisor, Franchisor's officers, <PAGE> directors, and their employees, and such of Franchisee's and Franchisor's respective successors and assigns as permitted may be contemplated (and, as to Franchisee, permitted) by Section XII. hereof, any rights or remedies under or by reason of this License Agreement. C. In Franchisee, the event Operating Principal, the Operating Designee, and Franchisee's Principals, as applicable, expressly agree to be bound by any promise or covenant imposing the maximum duty permitted by law which is subsumed within the terms of any provision hereof, as though it were separately articulated in and made a part of this Agreement, that may result from striking from any of the provisions hereof any portion or portions which a court may hold to be unreasonable and unenforceable in a final decision rules that to which Franchisor is a party, or from reducing the scope of any provision of this License Agreement promise or portion thereof is unenforceable, Licensee agrees covenant to be bound by the maximum duty ruled enforceable by the courtextent required to comply with such a court order. D. All captions in this License Agreement are intended solely for the convenience of the all parties, and none shall be deemed to affect the meaning or construction of any provision hereof. E. All references herein to the masculine, neuter neuter, or singular shall be construed to include the masculine, feminine, neuter neuter, or plural, where applicable; and, without limiting the obligations individually undertaken by the Operating Principal and Franchisee's Principals hereunder, all acknowledgments, promises, covenants, agreements and obligations herein made or undertaken by Franchisee shall be deemed jointly and severally undertaken by all those executing this Agreement on behalf of Franchisee. F. The term "Franchisee's Principals" as used in this Agreement shall include, collectively or individually, Franchisee's spouse, if Franchisee is an individual; all officers and directors of, and all other holders of a beneficial interest of twelve percent (12%) or more of the securities of, Franchisee and any corporation directly or indirectly controlling Franchisee, if Franchisee is a corporation; the general partners of Franchisee and the officers and directors of, and all other holders of a beneficial interest of twelve percent (12%) or more of the securities of, a corporate general partner and any individual or corporation which controls, directly or indirectly, any general partner, if Franchisee is a partnership; and members of Franchisee's advisory board. For purposes of this definition, the Operating Principal, the Operating Designee, Xxxxxx X. Xxxxxx, Xxxx XxXxxxxx, and Holdings Group, Inc. shall not be considered to be Franchisee's Principals. G. This License Agreement may be executed in several counterpartstriplicate, and each copy so executed shall be deemed an original. H. If at any time during the term of this Agreement either Franchisor or Franchisee shall institute any action or proceeding against the other relating to the provisions of this Agreement or any default hereunder, the non-prevailing party in such action or proceeding shall reimburse the prevailing party for its reasonable expenses, attorneys' fees, investigation costs, and all costs and disbursements incurred herein by the prevailing party, including without limitation any such reasonable fees, costs, or disbursements incurred on any appeal from such action or proceeding.

Severability and Construction. A. Except as expressly provided to the contrary herein, each portion, section, part, term and/or term, and provision of this License Agreement shall be considered severable; severable and if, for any reason, a any portion, section, part, term and/or term, or provision herein is determined to be invalid and contrary to, or in conflict with, any existing or future law or regulation by a court or agency having valid jurisdiction, such shall not impair the operation of, or have any other effect upon, such other portions, sections, parts, terms and/or terms, or provisions of this License Agreement as may remain otherwise intelligible; enforceable, and the latter shall continue to be given full force and effect and bind the parties hereof; hereto and said invalid portions, sections, parts, terms and/or terms, or provisions shall be deemed not to be a part of this License Agreement. B. Nothing Except as expressly provided to the contrary herein, nothing in this License Agreement is intended, nor shall be deemed, to confer any rights or remedies upon any person or legal entity other than Licensor or LicenseeDeveloper, Franchisor, Franchisor's officers, directors, and their employees, and such of Developer's and Franchisor's respective successors and assigns as permitted may be contemplated (and, as to Developer, permitted) by Section 9 hereof, any rights or remedies under or by reason of this License Agreement. C. In the event a court in a final decision rules that any provision of this License Agreement or portion thereof is unenforceable, Licensee agrees to be bound by the maximum duty ruled enforceable by the court. D. All captions in this License Agreement are intended solely for the convenience of the parties, and none shall be deemed to not affect the meaning or construction of any provision hereof. E. D. All references herein to the masculine, neuter neuter, or singular shall be construed to include the masculine, feminine, neuter or plural, where applicableapplicable and, without limiting the obligations individually undertaken by the Principal Owners hereunder, all acknowledgments, promises, covenants, agreements and obligations herein made or undertaken by Developer shall be deemed jointly and severally undertaken by all Principal Owners. F. E. This License Agreement may be executed in several counterparts, and each copy so executed shall be deemed an original.

Severability and Construction. A. Except as expressly provided to the contrary herein, each portion, sectionEach Paragraph, part, term and/or provision of this License Agreement shall be considered severable; , and if, for any reason, a portion, sectionany Paragraph, part, term and/or provision herein is determined to be invalid and contrary to, or in conflict with, any existing or future law or regulation by a court or agency having valid jurisdictionregulation, such shall not impair the operation of, of or have any other effect upon, such other affect the remaining portions, sections, parts, terms and/or provisions of this License Agreement as may remain otherwise intelligible; Agreement, and the latter shall will continue to be given full force and effect and bind the parties hereofhereto; and said invalid portions, sections, parts, terms and/or provisions shall be deemed not to be a part of this License Agreement. B. Nothing Anything to the contrary herein notwithstanding, nothing in this License Agreement is intended, nor shall be deemed, to confer any rights or remedies upon any person or legal entity other than Licensor Franchisor or Licensee, Franchisee and such of their respective successors and assigns as permitted may be contemplated by this License Agreement, any rights or remedies under or by reason of this Agreement. C. In Franchisee shall be bound by any promise or covenant imposing the event maximum duty permitted by law which is contained within the terms of any provision hereof, as though it were separately stated in and made a part of this Agreement, that may result from striking from any of the provisions hereof any portion or portions which a court may hold to be unreasonable and unenforceable in a final decision rules that to which Franchisor is a party, or from reducing the scope of any provision of this License Agreement promise or portion thereof is unenforceable, Licensee agrees covenant to be bound by the maximum duty ruled enforceable by the courtextent required to comply with such a court order. D. All captions in this License Agreement herein are intended solely for the convenience of the parties, and none shall be deemed to affect the meaning or construction of any provision hereof. E. All references herein to the masculine, neuter or singular shall be construed to include the masculine, feminine, neuter or plural, where applicable. F. This License Agreement may be executed in several counterpartstriplicate, and each copy so executed shall be deemed an original. F. The recitals set forth in this Agreement are specifically incorporated into the terms of this Agreement and hereby constitute a part thereof.

Severability and Construction. A. Except as expressly provided to the contrary herein, each portion, section, part, term and/or provision of this License Agreement shall be considered severable; and if, for any reason, a portion, section, part, term and/or provision herein is determined to be invalid and contrary to, or in conflict with, any existing or future law or regulation by a court or agency having valid jurisdiction, such shall not impair the operation of, or have any other effect upon, such other portions, sections, parts, terms and/or provisions of this License Agreement as may remain otherwise intelligible; and the latter shall continue to be given full force and effect and bind the parties hereof; and said invalid portions, sections, parts, terms parts and/or provisions shall be deemed not to be a part of this License Agreement. B. Nothing in this License Agreement is intended, nor shall be deemed, to confer any rights or remedies upon any person or legal entity other than Licensor or Licensee, and their respective successors and assigns as permitted by this License Agreement. C. In the event a court in a final decision rules that any provision of this License Agreement or portion thereof is unenforceable, Licensee agrees to be bound by the maximum duty ruled enforceable by the court. D. All captions in this License Agreement are intended solely for the convenience of the parties, and none shall be deemed to affect the meaning or construction of any provision hereof. E. All references herein to the masculine, neuter or singular shall be construed to include the masculine, feminine, neuter or plural, where applicable. F. This License Agreement may be executed in several counterpartsparts, and each copy so executed shall be deemed an original.

Severability and Construction. A. 16.1 Except as expressly provided to the contrary herein, herein each portion, section, part, term and/or provision of this License Agreement shall be considered severable; and if, for any reason, a portion, section, part, term term, and/or provision herein is determined to be invalid and contrary to, or in conflict with, any existing or future law or regulation by a court or agency having valid jurisdiction, such shall not impair the operation of, or have any other effect upon, such other portions, sections, parts, terms terms, and/or provisions of this License Agreement as may remain otherwise intelligible; and the latter shall continue to be given full force and effect and bind the parties hereofhereto; and said invalid portions, sections, parts, terms and/or provisions shall be deemed not to be a part of this License Agreement. B. Nothing 16.2 Except as expressly provided to the contrary herein, nothing in this License Agreement is intended, nor shall be deemed, to confer any rights or remedies upon any person or legal entity other than Licensor PETRO, or LicenseePrecision, and their such of PETRO's and Precision's respective successors and assigns as permitted may be contemplated (and, as to PETRO, permitted) by this License Agreement, any rights or remedies under or by reason of this Agreement. C. In 16.3 PETRO and Precision expressly agree to be bound by any promise or covenant imposing the event maximum duty permitted by law which is subsumed within the terms of any provision hereof, as though it were separately articulated in and made a part of this Agreement, that may result from striking from any of the provisions hereof any portion or portions which a court may hold to be unreasonable and unenforceable in a final decision rules that to which Precision is a party, or from reducing the scope of any provision of this License Agreement promise or portion thereof is unenforceable, Licensee agrees covenant to be bound by the maximum duty ruled enforceable by the courtextent required to comply with such a court order. D. 16.4 All captions in this License Agreement are intended solely for the convenience of the parties, and none shall be deemed to affect the meaning or construction of any provision hereof. E. 16.5 All references herein to the masculine, neuter neuter, or singular shall be construed to include the masculine, feminine, neuter neuter, or plural, where applicable. F. This License Agreement may be executed in several counterparts, and each copy so executed shall be deemed an original.

Severability and Construction. A. Except as expressly provided to the contrary herein, each portion, sectionEach paragraph, part, term term, and/or provision of this License Agreement shall be considered severable; and if, for any reason, a portion, sectionany paragraph, part, term term, and/or provision herein is determined to be invalid and contrary to, or in conflict with, any existing or future law or regulation by a court or agency having valid jurisdiction, such shall not impair the operation of, or have any other effect upon, such other portions, sectionsparagraphs, parts, terms terms, and/or provisions of this License Agreement as may remain otherwise intelligible; , and the latter shall continue to be given full force and effect and bind the parties hereofhereto; and said such invalid portions, sectionsparagraphs, parts, terms terms, and/or provisions shall be deemed not to be a part of this License Agreement. B. Nothing Except as specified to the contrary herein, nothing in this License Agreement is intended, nor shall be deemed, to confer any rights or remedies upon any person or legal entity other than Licensor Franchisor or LicenseeFranchisee, and such of their respective successors and assigns as permitted may be contemplated by Paragraph XII. hereof, any rights or remedies under or by reason of this License Agreement. C. In the event a court in a final decision rules that any provision of this License Agreement or portion thereof is unenforceable, Licensee agrees to be bound by the maximum duty ruled enforceable by the court. D. All captions in this License Agreement are intended solely for the convenience of the parties, and none shall be deemed to affect the meaning or construction of any provision hereof. E. D. All references herein to in the masculine, neuter or singular shall be construed to include the masculine, feminine, neuter or plural, plural where applicable, and the masculine to include the neuter gender; and all covenants, agreements, and obligations herein assumed by Franchisee shall be deemed to be joint and several covenants, agreements, and obligations of the several persons named herein as Franchisee. F. E. This License Agreement may be executed in several counterpartstriplicate, and each copy so executed shall be deemed an original.

Severability and Construction. A. 21.01. Except as expressly provided to the contrary herein, each portionsection, sectionparagraph, part, term term, and/or provision of this License Agreement shall be considered severable; and if, for any reason, a portion, any section, part, term term, and/or provision herein is determined to be invalid and contrary to, or in conflict with, any existing or future law or regulation by a court or agency having valid jurisdiction, such shall not impair the operation ofoperation, or have any other effect upon, such other portions, sections, parts, terms terms, and/or provisions of this License Agreement as may remain otherwise intelligible; , and the latter shall continue to be given full force and effect and to bind the parties hereofhereto; and said invalid portions, sections, parts, terms terms, and/or provisions shall be deemed not to be a part of this License Agreement. B. Nothing 21.02. Except as has been expressly provided to the contrary herein, nothing in this License Agreement is intended, nor shall be deemed, to confer any rights or remedies upon any person or legal entity other than Licensor or LicenseeFranchisee, <PAGE> Franchisor, Franchisor's officer, directors, and their employees, and Franchisee's permitted and Franchisor's respective successors and assigns as permitted assigns, any rights or remedies under or by reason of this License Agreement. C. In the event a court in a final decision rules that any provision of this License Agreement or portion thereof is unenforceable, Licensee agrees to be bound by the maximum duty ruled enforceable by the court. D. 21.03. All captions in this License the Agreement are intended solely for the convenience of the parties, and none shall be deemed to affect the meaning or construction of any provision hereof. E. 21.04. All references herein to the masculine, neuter or singular shall be construed to include the masculine, feminine, neuter or plural, where applicable, and all acknowledgments, promises, covenants, agreements and obligations herein made or undertaken by Franchisee shall be deemed jointly and severally undertaken by all the parties hereto on behalf of Franchisee. F. 21.05. This License Agreement may be executed in several counterparts, and each copy so executed shall be deemed an original.

Severability and Construction. A. Except as expressly provided to the contrary hereinEach article, each portionparagraph, section, partsubparagraph, term and/or provision and condition of this License Agreement shall Agreement, and any portions thereof, will be considered severable; and if. If, for any reason, a portion, section, part, term and/or provision herein any portion of this Agreement is determined to be invalid and invalid, contrary to, or in conflict with, any existing applicable present or future law law, rule or regulation in a final, unappealable ruling issued by any court, agency or tribunal with valid jurisdiction in a court or agency having valid jurisdictionproceeding to which HFS is a party, such shall that ruling will not impair the operation of, or have any other effect upon, such any other portions, sections, parts, terms and/or provisions portions of this License Agreement as may Agreement; all of which will remain otherwise intelligible; binding on the parties and the latter shall continue to be given full force and effect and bind the parties hereof; and said invalid portions, sections, parts, terms and/or provisions shall be deemed not to be a part of this License Agreementeffect. B. Nothing Except as otherwise provided in Section 22, nothing in this License Agreement is intended, nor shall be deemed, to confer any rights or remedies upon any person or legal entity other than Licensor or LicenseeFranchisee and HFS and its affiliates and such of their heirs, and their respective successors and assigns as permitted assigns, any rights or remedies under or by reason of this License Agreement. C. In the event a court in a final decision rules that any provision of this License Agreement or portion thereof is unenforceable, Licensee Franchisee expressly agrees to be bound by any promise or covenant imposing the maximum duty ruled enforceable permitted by law that is subsumed within the courtterms of any provision of this Agreement, as though it were separately articulated in and made a part of this Agreement, that may result from striking from any of the provisions of this Agreement any portion or portions which a court may hold to be unreasonable and unenforceable in a final decision to which HFS is a party, or from reducing the scope of any promise or covenant to the extent required to comply with such a court order. D. All captions No provision of this Agreement shall be interpreted in this License Agreement are intended solely for the convenience favor of, or against, any party because of the parties, and none shall be deemed to affect the meaning or construction of any provision hereofparty that drafted this Agreement. E. All references herein Whenever HFS has expressly reserved in this Agreement a right and/or discretion to take or withhold an action, or to grant or decline to grant Franchisee a right to take or withhold an action, except as otherwise expressly and specifically provided in this Agreement, HFS may make such decision or exercise its right and/or discretion on the masculinebasis of its judgment of what is in its best interests. This also applies if HFS is deemed to have a right and/or discretion. HFS’ judgment of what is in the best interests of the System, neuter at the time its decision is made or singular shall its right or discretion is exercised, can be construed made without regard to include whether: (1) other reasonable alternative decisions or actions, or even arguably preferable alternative decisions or actions, could have been made by HFS; (2) HFS’ decision or the masculineaction taken promotes its financial or other individual interest; (3) HFS’ decision or the action taken applies differently to Franchisee and one or more other franchisees or HFS company-operated or affiliate-operated operations; or (4) HFS’ decision or the action taken is adverse to Franchisee’s interests. HFS will have no liability to Franchisee for any such decision or action. HFS and Franchisee intend that the exercise of HFS’ right or discretion will not be subject to limitation or review. If applicable law implies a covenant of good faith and fair dealing in this Agreement, feminineHFS and Franchisee agree that such covenant will not imply any rights or obligations that are inconsistent with a fair construction of the terms of this Agreement and that this Agreement grants HFS the right to make decisions, neuter or plural, where applicabletake actions and/or refrain from taking actions not inconsistent with Franchisee’s rights and obligations under this Agreement. F. This License Agreement may be executed in several counterparts, and each copy so executed shall be deemed an original.

Severability and Construction. A. Except as expressly provided to the contrary hereinEach article, each portionparagraph, section, partsubparagraph, term and/or provision and condition of this License Agreement shall Agreement, and any portions thereof, will be considered severable; and if. If, for any reason, a portion, section, part, term and/or provision herein any portion of this Agreement is determined to be invalid and invalid, contrary to, or in conflict with, any existing applicable present or future law law, rule or regulation in a final, unappealable ruling issued by any court, agency or tribunal with valid jurisdiction in a court or agency having valid jurisdictionproceeding to which CKE is a party, such shall that ruling will not impair the operation of, or have any other effect upon, such any other portions, sections, parts, terms and/or provisions portions of this License Agreement as may Agreement; all of which will remain otherwise intelligible; binding on the parties and the latter shall continue to be given full force and effect and bind the parties hereof; and said invalid portions, sections, parts, terms and/or provisions shall be deemed not to be a part of this License Agreementeffect. B. Nothing Except as otherwise provided in Section 22, nothing in this License Agreement is intended, nor shall be deemed, to confer any rights or remedies upon any person or legal entity other than Licensor or LicenseeFranchisee and CKE and its affiliates and such of their heirs, and their respective successors and assigns as permitted assigns, any rights or remedies under or by reason of this License Agreement. C. In the event a court in a final decision rules that any provision of this License Agreement or portion thereof is unenforceable, Licensee Franchisee expressly agrees to be bound by any promise or covenant imposing the maximum duty ruled enforceable permitted by law that is subsumed within the courtterms of any provision of this Agreement, as though it were separately articulated in and made a part of this Agreement, that may result from striking from any of the provisions of this Agreement any portion or portions which a court may hold to be unreasonable and unenforceable in a final decision to which CKE is a party, or from reducing the scope of any promise or covenant to the extent required to comply with such a court order. D. All captions No provision of this Agreement shall be interpreted in this License Agreement are intended solely for the convenience favor of, or against, any party because of the parties, and none shall be deemed to affect the meaning or construction of any provision hereofparty that drafted this Agreement. E. All references herein Whenever CKE has expressly reserved in this Agreement a right and/or discretion to take or withhold an action, or to grant or decline to grant Franchisee a right to take or withhold an action, except as otherwise expressly and specifically provided in this Agreement, CKE may make such decision or exercise its right and/or discretion on the masculinebasis of its judgment of what is in its best interests. This also applies if CKE is deemed to have a right and/or discretion. CKE’s judgment of what is in the best interests of the System, neuter at the time its decision is made or singular shall its right or discretion is exercised, can be construed made without regard to include whether: (1) other reasonable alternative decisions or actions, or even arguably preferable alternative decisions or actions, could have been made by CKE; (2) CKE’s decision or the masculineaction taken promotes its financial or other individual interest; (3) CKE’s decision or the action taken applies differently to Franchisee and one or more other Franchisees or franchisees or CKE company-operated or affiliate-operated operations; or (4) CKE’s decision or the action taken is adverse to Franchisee’s interests. CKE will have no liability to Franchisee for any such decision or action. CKE and Franchisee intend that the exercise of CKE’s right or discretion will not be subject to limitation or review. If applicable law implies a covenant of good faith and fair dealing in this Agreement, feminineCKE and Franchisee agree that such covenant will not imply any rights or obligations that are inconsistent with a fair construction of the terms of this Agreement and that this Agreement grants CKE the right to make decisions, neuter or plural, where applicabletake actions and/or refrain from taking actions not inconsistent with Franchisee’s rights and obligations under this Agreement. F. This License Agreement may be executed in several counterparts, and each copy so executed shall be deemed an original.

Severability and Construction. A. Except as expressly provided to the contrary herein, each portion, section, part, term term, and/or provision of this License Agreement shall be considered severable; and if, for any reason, a portion, any section, part, term term, and/or provision herein is determined to be invalid and contrary to, or in conflict with, any existing or future law or regulation by a court or agency having valid jurisdiction, such shall not impair the operation of, or have any other effect upon, such other portions, sections, parts, terms terms, and/or provisions of this License Agreement as may remain otherwise intelligible; and and, the latter shall continue to be given full force 45 (a) and effect and bind the parties hereofhereto; and said invalid portions, sections, parts, terms terms, and/or provisions shall be deemed not to be a part of this License Agreement. B. Nothing Anything to the contrary herein notwithstanding, nothing in this License Agreement is intended, nor shall be deemed, to confer any rights or remedies upon any person or legal entity other than Licensor Franchisor or Licensee, Franchisee and such of their respective successors and assigns as permitted may be contemplated by Section XIII. hereof, any rights or remedies under or by reason of this License Agreement. C. In the event a court in a final decision rules that any provision of this License Agreement or portion thereof is unenforceable, Licensee Franchisee expressly agrees to be bound by any promise or covenants imposing the maximum duty ruled enforceable permitted by law which is subsumed within the courtterms of any provision hereof, as though it were separately articulated in and made a part of this Agreement, that may result from striking from any of the provisions hereof any portion or portions which a court may hold to be unreasonable and unenforceable in a final decision to which Franchisor is a party, or from reducing the scope of any promise or covenant to the extent required to comply with such a court order. D. All captions in this License Agreement are intended solely for the convenience of the parties, and none shall be deemed to affect the meaning or construction of any provision hereof. E. All references herein to the masculine, neuter neuter, or singular shall be construed to include the masculine, feminine, neuter neuter, or plural, where applicable, and all acknowledgments, promises, covenants, agreements, and obligations herein made or undertaken by Franchisee shall be deemed jointly and severally undertaken by all the parties hereto signing on behalf of Franchisee. F. This License Agreement may be executed in several counterpartsparts, and each copy so executed shall be deemed an original.

Severability and Construction. A. 24.1. Except as expressly provided to the contrary herein, each portion, section, part, term and/or term, or provision of this License Agreement shall be considered severable; and if, for any reason, a portion, any section, part, term and/or term, or provision herein is determined to be invalid and contrary to, or in conflict with, any existing or future law or regulation by a court or agency having valid jurisdiction, such shall not impair the operation of, or have any other effect upon, such other portions, sections, parts, terms and/or terms, or provisions of this License Agreement as may remain otherwise intelligible; and the latter shall continue to be given full force and effect and bind the parties hereofhereto; and said invalid portions, sections, parts, terms and/or terms, or provisions shall be deemed not to be a part of this License Agreement. B. Nothing 24.2. Except as expressly provided to the contrary herein, nothing in this License Agreement is intended, nor shall be deemed, to confer any rights or remedies upon any person or legal entity other than Licensor or LicenseeFranchisee, Franchisor, Franchisor’s officers, directors, and their employees, and such of Franchisee’s and Franchisor’s respective successors and assigns as permitted may be contemplated (and, as to Franchisee, permitted) by this License AgreementSection 13 hereof. C. In the event a court in a final decision rules that any provision of this License Agreement or portion thereof is unenforceable, Licensee 24.3. Franchisee expressly agrees to be bound by any promise or covenant imposing the maximum duty ruled enforceable permitted by law which is subsumed within the courtterms of any provision hereof, as though it were separately articulated in and made a part of this Agreement, that may result from striking from any of the provisions hereof any portion or portions which a court may hold to be unenforceable in a final decision to which Franchisor is a party, or from reducing the scope of any promise or covenant to the extent required to comply with such a court order. nufa-095 - 36 - 24.4. For purposes of this Agreement, an “affiliate” of any party to this Agreement means any person, corporation, partnership, or other business entity that directly, or indirectly through one or more intermediaries controls, or is controlled by, or is under common control with, such party, and, with respect to Franchisor, the term “affiliate” shall also include, without limitation, WNAP, and any advertising cooperative operating under the System. D. 24.5. All captions in this License Agreement are intended solely for the convenience of the parties, and none shall be deemed to affect the meaning or construction of any provision hereof. E. All references herein to the masculine, neuter or singular shall be construed to include the masculine, feminine, neuter or plural, where applicable. F. This License Agreement may be executed in several counterparts, and each copy so executed shall be deemed an original.