Nautilus 2009 Annual Report Download - page 227

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17.6.
Severability
. Any provision of this Agreement that is prohibited or rendered unenforceable by any law shall be ineffective
only to the extent of the prohibition or unenforceability without invalidating the remaining provisions of this Agreement.
17.7.
Force Majeure
. Neither party shall be liable for delays due to any cause beyond the control and without the fault or
negligence of the Party incurring the delay, including, to the extent it satisfies the above description, any fire, unusual weather
conditions, riot, act of God, act of the public enemy, death or incapacity of an individual who is to perform work, or other
similar event. However, both Parties agree to seek to mitigate the potential impact of any such delay. The Party incurring the
delay shall within thirty (30) business days from the beginning of the delay, notify the other Party in writing of the causes of
the delay and its probable extent. The notification of delay shall not be the basis for a request for additional compensation. In
the event of any such delay, any required completion date may be extended by a reasonable period not exceeding the time
actually lost by reason of the delay.
17.8.
No Other Representations
. Buyer and Nautilus hereby acknowledge that they have not been induced to enter into this
License by any representation or warranty not set forth in this License or the Asset Purchase Agreement.
17.9.
Headings
. The headings and subheadings of this License are intended for convenience of reference only and shall not be
used to interpret this License or affect the construction of this License.
17.10.
Construction
. Words importing the singular include the plural, words importing any gender include every gender and words
importing persons include entities, corporate and otherwise; and (in each case) vice versa. Whenever the terms “including” or
“include” are used in this License in connection with a single item or a list of items within a particular classification (whether
or not the term is followed by the phrase “but not limited to” or words of similar effect) that reference shall be interpreted to
be illustrative only, and shall not be interpreted as a limitation on, or an exclusive enumeration of the items within that
classification.