Garmin GI 275 Maintenance Manual page 7

g. Injunctive Relief. The Parties acknowledge and agree that irreparable damage would occur if any
provision of this Agreement was not performed in accordance with its specific terms or was otherwise
breached and as such, the Parties will be entitled to an injunction or injunctions to prevent breaches of
this Agreement and to enforce specifically the performance of the terms and provisions of this
Agreement without proof of actual damages, this being in addition to any other remedy to which any
Party is entitled at law or in equity.
h. Amendments and Waivers. This Agreement may be amended and any provision of this Agreement
may be waived, provided that any such amendment or waiver will become and remain binding upon a
Party only if such amendment or waiver is set forth in a writing by such Party. No course of dealing
between or among any persons having any interest in this Agreement will be deemed effective to
modify, amend or discharge any part of this Agreement or any rights or obligations of any Party under
or by reason of this Agreement. No delay or failure in exercising any right, power or remedy
hereunder will affect or operate as a waiver thereof; nor will any single or partial exercise thereof or
any abandonment or discontinuance of steps to enforce such a right, power or remedy preclude any
further exercise thereof or of any other right, power or remedy. The rights and remedies hereunder are
cumulative and not exclusive of any rights or remedies that any Party would otherwise have.
i. Severability. The provisions of this Agreement will be severable in the event that for any reason
whatsoever any of the provisions hereof are invalid, void or otherwise unenforceable, any such
invalid, void or otherwise unenforceable provisions will be replaced by other provisions which are as
similar as possible in terms to such invalid, void or otherwise unenforceable provisions but are valid
and enforceable and the remaining provisions will remain valid and enforceable to the fullest extent
permitted by applicable law, in each case so as to best preserve the intention of the Parties with
respect to the benefits and obligations of this Agreement.
j. No Third-Party Beneficiaries. This Agreement is solely for the benefit of the Parties and does not
confer on third parties any remedy, claim, reimbursement, claim of action or other right in addition to
those existing without reference to this Agreement.
k. Entire Agreement. This Agreement shall constitute the entire agreement between Garmin and you
with respect to the subject matter hereof and will supersede all prior negotiations, agreements and
understandings of Garmin and you of any nature, whether oral or written, with respect to such subject
matter.
l. Interpretation. In this Agreement: (a) headings are for convenience only and do not affect the
interpretation of this Agreement; (b) the singular includes the plural and vice versa; (c) the words
'such as', 'including', 'particularly' and similar expressions are not used as, nor are intended to be,
interpreted as words of limitation; (d) a reference to a person includes a natural person, partnership,
joint venture, government agency, association, corporation or other body corporate; a thing includes a
part of that thing; and a party includes its successors and permitted assigns; and (e) no rule of
construction applies to the disadvantage of a Party because that Party was responsible for the
preparation of this Agreement. Any translation of this Agreement from English is provided as a
convenience only. If this Agreement is translated into a language other than English and there is a
conflict of terms between the English version and the other language version, the English version will
control.
190-02246-11
Rev. 1
GI 275 Part 23 AML STC Maintenance Manual
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