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<br />Blue Cross Blue Shield of Minnesota <br />Contractor Terms and Conditions <br /> <br />25, ATTORNEY'S FEES <br /> <br />. <br /> <br />In the event that any action) suit or other proceeding is instituted to remedy, prevent, or obtain relief from. a <br />breach of this Agreement, or arises out of a breach of this Agreement, the prevailing party shall be entitled <br />to recover all of such party's reasonahle attorney's fees, costs and expenses incurred in connection <br />therewith. <br /> <br />26, TIME <br /> <br />Time is of the essence in the performance ofthi5 Agreement. <br /> <br />27. WAIVER <br /> <br />No waiver of or to this Agreement shall be valid unless in writing and signed by the party to be charged <br />with such waiver. No waiver of, or failure to exerCise, any option, right or privilege under this Agreement <br />by either of the parties hereto on any occasion or occasions shall be construed to be a waiver of the same or <br />similar option, right or privilege on any other occasion. <br /> <br />28. SURVIVAL <br /> <br />No expiration or earlier temnnation of this Agreement shall affect the rights and obligations of the <br />respective parties hereto \vhich have accrued prior to the effective date of expiration or termination. <br /> <br />. <br /> <br />. <br /> <br />Page 7 of 7 <br />