INDEMNIFICATION SURVIVES TERMINATION:
All representations and warranties of the parties contained herein shall survive the termination of this Agreement.  All provisions of this Agreement that require OWNER to have insured or to defend, reimburse or indemnify BROKER shall survive any termination.  If BROKER becomes involved in any proceeding or litigation by reason of having been OWNER’S Broker, such provisions shall apply as if this Agreement were still in effect.

The exercise of any right or remedy provided in this Agreement shall not be an election of remedies, and each right and remedy shall be cumulative.  The failure of either party to this Agreement to insist at any time upon the strict observance or performance of any of the provisions of this Agreement, or to exercise any right or remedy provided in this Agreement, shall not be construed as a waiver of such right or remedy with respect to subsequent defaults.  Every right and remedy provided in this Agreement may be exercised from time to time and as often as may be deemed expedient by the party exercising such right or remedy.

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