Severability</strong>. If any provision of these Terms, by action of law or for any other reason, is held to be prohibited, invalid, void or unenforceable in any relevant jurisdiction, such provision will be stricken, and the <strong>remaining provisions</strong> of these Terms will remain in <strong>full force</strong> and effect. </p> <p> <strong>No Waiver</strong>. The failure, in one or more instances, to perform any of the terms or conditions of these Terms, or to exercise any right hereunder, shall <strong>not be construed as a waiver</strong> of the future performance of any such terms or conditions, or the future exercise of such right, and the obligations of under these Terms with respect to such performance shall continue in full force and effect. </p> <p> <strong>Survival</strong>. The termination or expiration of these Terms shall not relieve from any obligation <strong>(i)</strong> that may have <strong>arisen prior</strong> to such termination or expiration, or <strong>(ii)</strong> that <strong>needs to survive</strong> termination or expiration in order to give full effect to its meaning, including without limitation payment obligations, confidentiality obligations, limitation of liability, warranty disclaimers, indemnities, governing law and dispute resolution, miscellaneous, and definitions. </p> <p> <strong>Execution</strong>. Each Party represents and warrants that <strong>(i)</strong> it possesses the legal right and capacity to enter into, execute, deliver and perform the Agreement. <strong>