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involved providing services of a kind, nature or description similar to <br /> those being provided by Gallagher under this Agreement, whether or <br /> not such employee provided those services for Client. <br /> 3. Waiver of Nonperformance <br /> No waiver of any default in performance on the part of Gallagher or like <br /> waiver by Client, or any breach or a series of breaches of any of the terms, <br /> covenants or conditions of this Agreement shall constitute a waiver of any <br /> subsequent breach or a waiver of said terms, covenants or conditions. Resort <br /> to any remedies referred to herein shall not be construed as a waiver of any <br /> other rights and remedies to which either party is entitled under this <br /> Agreement or otherwise. <br /> 4. PartialInvalidity <br /> Should any part of this Agreement, for any reason, be declared invalid by a <br /> court of competent jurisdiction, the remaining portion shall remain in full <br /> force and effect as if this Agreement had been executed without the invalid <br /> portion. <br /> 5. Governing Law <br /> The validity, interpretation and performance of this A,greement shall be <br /> controlled and construed according to the internal laws of the State of Illinois. <br /> 6 <br />