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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 impede <br /> its performance hereunder. <br /> 10.4.2 Medtox will not enter into any other agmenient, undertake any <br /> obligation or commit any act which would pmvent its performance or <br /> limit the rights of MCTT, AMC,or their members hereunder. <br /> 10.5 Non-Waiver and Cumukdon of Remedies -The lure by either party at <br /> time to eadbrce of the provisions of this or or <br /> m'sY �Y P �y <br /> remedy available hsmndw or at law or in equity,or to a anise aq option <br /> heroin provided, shall not constitute a waiver of such provision, right, <br /> remedy or option or in any way acct the validity oftbis Agreenent. The <br /> waives of my definit by r party"not be deemed a cornicing <br /> wshw,but shall apply sol*to the Instance to which suet waiver L <br /> directed. The reinedles provided under this Agraeownt shall be cumulative <br /> and not alternative,and the election of any case reaudy fbr breach shall not <br /> preclude the pursuit ofodw remedies. <br /> 19 <br />