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Secure Care 135DE - Severability and Waiver Clauses

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A01350693 Rev:P ECO: 7476 Date: 04/14/08 52
equal shares by each side, but the total of such expenses plus any award of attorneys' fees, cost and expenses shall finally be
paid by the parties as the arbitrator determines. Nothing in this section 4.b shall preclude Secure Care from seeking
provisional or equitable relief from any appropriate court to protect its rights prior to, pending or in the absence of such
arbitration proceedings.
5. Severability
The invalidity or unenforceability of any provision of this General Product Warranty Statement shall not affect the validity
or enforceability of any other provision hereof.
6. Waiver
No term or condition of this General Product Warranty Statement may be waived except in writing signed by Secure Care.
A waiver on one or more occasions of any term or condition of this General Product Warranty Statement shall not
constitute or be deemed to be a waiver of such term or condition on any other occasion. No delay or failure of Secure Care
to exercise any right or remedy under this General Product Warranty Statement will operate as a waiver thereof; no failure to
enforce or insist upon compliance with any provision of this General Product Warranty Statement on any one occasion shall
be deemed to be a waiver of Secure Care's right to do so on another occasion; and no course of dealing will constitute a
waiver, alteration, limitation or expansion of any of the parties' rights and obligations under this General Product Warranty
Statement.
Revised 11/16/07

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