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PROFESSIONAL SERVICES AGREEMENT <br /> 16.Miscellaneous: <br /> (a) This Agreement is binding upon and will inure to the benefit of the Client and Consultant and <br /> their respective successors and assigns. Neither party may assign its rights or obligations <br /> hereunder without the prior written consent of the other party. <br /> (b) Client expressly agrees that all provisions of the Agreement, including the clause limiting the <br /> liability of Consultant, were mutually negotiated and that but for the inclusion of the limitation <br /> of liability clause in the Agreement, Consultant's compensation for services would otherwise <br /> be greater and/or Consultant would not have entered into the Agreement. <br /> (c) If any provision of this Agreement is invalid or unenforceable,the remainder of this Agreement <br /> shall continue in full force and effect and the provision declared invalid or unenforceable shall <br /> continue as to other circumstances. <br /> (d) This Agreement shall be governed by,and construed in accordance with,the laws of the State <br /> of Texas. <br /> (e) In any action to enforce or interpret this Agreement, the prevailing party shall be entitled to <br /> recover, as part of its judgment, reasonable attorneys' fees and costs from the other party. <br /> IN WITNESS WHEREOF, thearties have signed this Agreement the date first written above. <br /> p 9 9 <br /> Client <br /> By <br /> Its <br /> Collaborative Learning, Inc. DBA Collaboration Unlimited <br /> By: <br /> Its President <br /> Attachments: Exhibit A Fees for Services <br /> Exhibit B Scope of Services <br /> 4 <br /> 81 <br />