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9.11 Fair Construction; Severability. All pronouns and any variations thereof <br /> shall be deemed to refer to the masculine, feminine or neuter, singular or plural, as the <br /> context may require. The parties hereby acknowledge and agree that each was properly <br /> represented by counsel and this Covenant was negotiated and drafted at arms' length so <br /> that the judicial rule of construction to the effect that any ambiguities are to be construed <br /> against the drafting party shall be inapplicable in the interpretation of this Covenant. The <br /> provisions of this Covenant shall be construed as a whole according to their common <br /> meaning and consistent with the other provisions contained herein in order to achieve the <br /> objectives and purposes of this Covenant. If any term, provision, covenant, clause, <br /> sentence or any other portion of the terms and conditions of this Covenant or the <br /> application thereof to any person or circumstances shall apply, to any extent, become <br /> invalid or unenforceable, the remainder of this Covenant shall continue in full force and <br /> effect,unless rights and obligations of the parties have been materially altered or abridged <br /> by such invalidation or unenforceability. <br /> [Signatures on the following page.] <br /> 8 <br />