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. <br /> � 3. Waiver of Nonperformance <br /> No waiver of any default in performance on the part of Gallagher or like waiver by <br /> Client, or any breach or a series of breaches of any of the terms, covenants or <br /> conditions of this Agreement shall constitute a waiver of any subsequent breach or <br /> a waiver of said terms, covenants or conditions. Resort to any remedies referred <br /> to herein shall not be construed as a waiver of any other rights and remedies to <br /> which either party is entitled under this Agreement or otherwise. <br /> 4. PartialInvalidity <br /> Should any part of this Agreement, for any reason, be declared invalid by a court <br /> of competent jurisdiction, the remaining portion shall remain in full force and effect <br /> as if this Agreement had been executed without the invalid portion. <br /> 5. Governing Law <br /> The validity, interpretation and performance of this Agreement shall be controlled <br /> and construed according to the internal laws of the State of Illinois. <br /> 6. Successors <br /> This Agreement shall be binding upon and shall inure to the benefit of all assigns, <br /> transferees and successors in the interest of the parties hereto. <br /> 6 <br />