(11)AR 090407 AGRMT Loma Linda Medical Center

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agreement, statement or promise relating to the subject matter which is not contained in this Agreement shall be valid or binding. 5.03 Amendment. This Agreement can be amended or modified only by mutual consent of the parties to the Agreement, and only if such mutual consent is supported by a written document signed by the parties to this Agreement. 5.04 Waiver. No breach of any provision of this Agreement shall be considered waived unless the waiver is in writing, signed by the party waiving the breach. Waiver of any one breach of any provision shall not be deemed a waiver of any other breach of the same or any other provision. 5.05 Severability. In the event that any condition or covenant contained in this Agreement is held to be invalid or void, it shall be deemed severable from the rest of this Agreement and shall in no way affect any other condition or covenant. If such condition, covenant or other provision is deemed invalid due to its scope or breadth, it shall be deemed invalid to the extent of the scope or breadth permitted by law. 5.06 Headings. Paragraph titles or captions contained in this Agreement are inserted as a matter of convenience and in no way define, limit, extend or describe the scope of this Agreement or any of its provision. 5.07 Gender. The words used in this Agreement which are masculine in gender include the feminine and neuter. Words singular in number include the plural, and the plural the singular. 5.08 Assignment. Contractor shall not assign this Agreement or delegate any duties hereunder without the prior written consent of Agency. 5.09 Interpretation. No provision in this Agreement is to be interpreted for or against any party because that party or that party's legal representative drafted such provisions. 5.10 Binding. Subject to Section 5.09 of this Agreement regarding assignment, this Agreement shall be binding on the heirs, executors, administrators, successors, and assignees of the respective parties. 5.11 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. All actions to interpret or enforce the terms of this agreement shall be filed in the Superior Court of San Bernardino, California. 5.12 Attorney's Fees. In the event of litigation involving this Agreement, the unsuccessful party shall pay to the prevailing party all costs of suit, C:W femp10LK14DTm=gency Medical Semices Liaison Agreement - LLUMC.doc Page 7