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Remedies Cumulative. The remedies provided in this Agreement are cumulative and are in addition to any other remedies in law or equity which may be available to the nonbreaching party in the event of a default. The election of one or more remedies shall not bar the use of other remedies unless the circumstances make the remedies incompatible, nor shall it be deemed a waiver of or an election not to assert any other such right or remedy. No waiver by either party of any failure of the other party to perform its obligation hereunder shall be deemed a waiver of any preceding or succeeding failure to perform any obligations hereunder.