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10.4. Authority and Freedom from Conflict -Medtox represents and warrants <br />• to MCIT that: <br />10.4.1. Medtox has the lawful authority to enter into this Agreement and is <br />free of any obligation or restriction that would prevent it from <br />entering into this Agreement, create any conflict of interest or <br />impede its performance hereunder. <br />10.4.2. Medtox will not enter into any other agreement, undertake any <br />obligation or commit any act which would prevent its performance <br />or limit the rights of MCIT, AMC or their members hereunder. <br />10.5. Non-Waiver and Cumulation of Remedies -The failure by either parry at <br />• any time to enforce any of the provisions of this Agreement or any right or <br />remedy available hereunder or at law or in equity, or to exercise any option <br />herein provided, shall not constitute a waiver of such provision, right, <br />remedy or option or in any way affect the validity of this Agreement. The <br />waiver of any default by either party shall not be deemed a continuing <br />waiver, but shall apply solely to the instance to which such waiver is <br />directed. The remedies provided under this Agreement shall be cumulative <br />and not alternative, and the election of any one remedy for breach shall not <br />preclude the pursuit of other remedies. <br />10.6. Entire Agreement -This Agreement embraces the entire Agreement <br />• <br />17 <br />