Term and Termination. The term of this Agreement shall commence on the date this Agreement is executed by both parties as set forth below and shall remain in effect until Independent Contractor ceases (for any reason) to provide the services contemplated hereunder. Notwithstanding the foregoing, this Section 13 and Sections 2, 3, 4, 5, 6, 7, 8, 11, 14, 16, and 17 shall survive the termination or expiration of this Agreement. Attorneys' Fees. In the event any litigation, arbitration, mediation or other proceeding (collectively, "Proceeding") is initiated by any party against the other party to enforce, interpret or otherwise obtain judicial or quasi-judicial relief in connection with this Agreement, the prevailing party in such Proceeding shall be entitled to recover from the unsuccessful party all costs, expenses and actual attorneys' fees relating to or arising out of (i)such proceeding, whether or not such proceeding proceeds to judgement, and (ii) any post-judgement or post-award proceeding, including, without limitation, one to enforce any judgement or award resulting from any such Proceeding. Modification and Wavier. Any modification of this Agreement shall be effective only if it is in writing and executed by both parties. Any wavier of a default under this Agreement must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. No delay or omission in the exercise of any right or remedy shall impair such right or remedy or be construed as a waiver. A consent o9r approval of any act shall not be deemed to waive or render unnecessary consent to or approval of any other or subsequent act. Representation and Prior Understandings. Each party acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party hereto, or anyone acting on behalf of any party hereto, which are not embodied herein, and that no other agreement, statement or promise not contained in this Agreement between the parties with respect to the subject matter hereof, is intended as a final expression of the agreement of the parties with respect to the terms included in this Agreement, and supersedes all negotiations, stipulations, understandings, agreements, representation and warranties, if any, which precede or accompany the execution of this Agreement.