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SEC Filings

COSI INC filed this Form 8-K on 02/07/2017
Entire Document

Execution Version
21.           Severability.  If any of the terms or provisions contained in this Agreement, or any part thereof, are hereafter construed to be invalid, illegal or incapable of being enforced under any law or public policy, all other terms and provisions of this Agreement shall nevertheless remain in full force and effect If any term or provision of this Agreement is determined to be unenforceable by reason of its extent, duration, scope or otherwise, then the parties contemplate that the court making such determination shall reduce such extent, duration, scope or other provision and enforce them in their reduced form for all purposes contemplated by this Agreement.
22.           Entire Agreement; No Amendment; Survival.  This Agreement contains the entire agreement between Contractor and the Company concerning the subject matter hereof, and no modification of this Agreement or waiver of the terms and conditions hereof shall be binding upon Contractor or the Company, unless approved in wring by Contractor and the Company.  Those obligations under this Agreement which by their nature are intended to so survive will survive the termination of this Agreement.

23.           General.  The Company’s failure to insist upon strict compliance with any of the terms, covenants, or conditions of this Agreement will not be deemed a waiver of such term, covenant or condition.  A waiver of any right or remedy under this Agreement at any one time or more times will not be deemed a waiver of such right or remedy at any other time.  No waiver of any kind by a party will be valid unless it is made in a writing executed and delivered by both the Company and Contractor.  This Agreement will be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns.  The rights and obligations of Contractor under this Agreement are personal to Contractor, and this Agreement may not be assigned, or any duties delegated, in whole or in part by Contractor.  The recitals set forth at the beginning of this Agreement are incorporated into and made an integral part of this Agreement.  This Agreement may be executed in counterparts, each of which will be deemed an original and all of which taken together will constitute one and the same instrument.  Signature by facsimile or other similar electronic transmission will have the same force and effect as an original.

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