oo. This Agreement (including the Schedules hereto, which are deemed a part of this Agreement) constitutes the entire agreement between the parties hereto in respect of the subject matter hereof and no terms, obligations, representations, promises or conditions, oral or written, express or implied, have been made or relied upon other than those contained herein.
For the avoidance of doubt each party irrevocably waives any right it may have to seek a remedy for:
i. any misrepresentation which has not become a term of this Agreement; or ii. any breach of warranty or undertaking (other than those contained in this Agreement) whether express or implied, statutory or otherwise;
unless such misrepresentation, warranty or undertaking was made fraudulently. pp. The parties to this Agreement acknowledge that in the event of a breach of this Agreement any application to enjoin or restrain the production, distribution, exhibition, advertising or exploitation of the Film or any rights therein or derived therefrom would be excessively disruptive and unreasonably damaging to the Film and the other parties' and third party's interests therein and consequently the parties agree not to apply for any such relief and accept that the recovery of damages in an action at law will provide a full and appropriate remedy for any loss or damage incurred by them as a result of any such breach.
qq. No variation of any of the terms or conditions hereof may be made unless such variation is agreed in writing and signed by all of the parties.
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