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the part of either party hereto of any right,power or privilege hereunder operate as a waiver of any <br /> other right, power or privilege hereunder, nor shall any single or partial exercise of any right, <br /> power or privilege hereunder preclude any other or further exercise thereof or the exercise of any <br /> other right,power or privilege hereunder. <br /> Section 8.4 Assignment. The Lender may assign all or any portion of its rights or <br /> obligations under the Loan Documents,and in the event of such assignment,the assignee shall be <br /> accorded the full rights of the Lender by the Borrower with respect to such assignment. The <br /> Borrower may not assign all or any portion of its rights or obligations under the Loan Documents <br /> without the prior written consent of the Lender. <br /> Section 8.5 Headings. The headings in the Loan Documents are for convenience of <br /> reference only and shall not affect the meaning or interpretation of the Loan Documents. <br /> Section 8.6 Variation of Pronouns. All pronouns and all variations thereof shall be <br /> deemed to refer to the masculine,feminine or neuter,singular or plural,as the identity of the person <br /> or persons may require. <br /> Section 8.7 Counterparts. This Agreement may be executed in counterparts, each of <br /> which shall constitute an original and all of which, when taken together, shall constitute one <br /> agreement, and either party hereto may execute this Agreement by signing one or more <br /> counterparts thereof. <br /> Section 8.8 Severability. Any provision of this Agreement held to be invalid,illegal or <br /> unenforceable in any jurisdiction shall,as to such jurisdiction,be ineffective to the extent of such <br /> invalidity,illegality or unenforceability without affecting the validity,legality and enforceability <br /> of the remaining provisions hereof; and the invalidity of a particular provision in a particular <br /> jurisdiction shall not invalidate such provision in any other jurisdiction. <br /> Section 8.9 Governing Law; Jurisdiction; Consent to Service of Process. This <br /> Agreement shall be governed by and construed in accordance with the laws of the State of <br /> Arkansas applicable to agreements made within such State.The Borrower hereby irrevocably and <br /> unconditionally submits, for itself and its property,to the nonexclusive jurisdiction of the state <br /> courts of the State of Arkansas and of the United States District Court of the Western District of <br /> Arkansas,and any appellate court from any thereof,in any action or proceeding arising out of or <br /> relating to this Agreement,or for recognition or enforcement of any judgment,and each of the <br /> parties hereto hereby irrevocably and unconditionally agrees that all claims in respect of any such <br /> action or proceeding may be heard and determined in such Arkansas State court or,to the extent <br /> permitted by law,in such Federal court. Each of the parties hereto agrees that a final judgment in <br /> any such action or proceeding shall be conclusive and may be enforced in other jurisdictions by <br /> suit on the judgment or in any other manner provided by law. Nothing in this Agreement shall <br /> affect any right that the Lender may otherwise have to bring any action or proceeding relating to <br /> this Agreement against the Borrower or its properties in the courts of any jurisdiction. The <br /> Borrower hereby irrevocably and unconditionally waives,to the fullest extent it may legally and <br /> effectively do so,any objection which it may now or hereafter have to the laying of venue of any <br /> suit,action or proceeding arising out of or relating to this Agreement in any court referred to in <br /> this Section. Each of the parties hereto hereby irrevocably waives,to the fullest extent permitted <br /> by law,the defense of an inconvenient forum to the maintenance of such action or proceeding in <br /> 12 <br />