of liability in regards to product performance and/or law suites resulting from use of the product. This liability will remain the responsibility of the COMPANY and manufacturers. 8. MISCELLANEOUS (i) Subsequent Events. CELEBRITY and the COMPANY each agree to notify the ----------------- other party if, subsequent to the date of this Agreement, either party incurs obligations which could compromise its efforts and obligations under this Agreement. (ii) Amendment. This Agreement may be amended or modified at any time and --------- in any manner only by an instrument in writing executed by the parties hereto. (iii) Further Actions and Assurances. At any time and from time to time, ------------------------------ each party agrees, at its or their expense, to take actions and to execute and deliver documents as may be reasonably necessary to effectuate the purposes of this Agreement. (iv) Waiver. The party to whom such compliance is owed may waive any ------ failure of any party to this Agreement to comply with any of its obligations, agreements, or conditions hereunder in writing. The failure of any party to this Agreement to enforce at any time any of the provisions of this Agreement shall in no way be construed to be a waiver of any such provision or a waiver of the right of such party thereafter to enforce each and every such provision. No waiver of any breach of or noncompliance with this Agreement shall be held to be a waiver of any other or subsequent breach or noncompliance. (v) Assignment. Neither this Agreement nor any right created by it shall ---------- be assignable by either party without the prior written consent of the other or as stated herein. (vi) Notices. Any notice or other communication required or permitted by ------- this Agreement must be in writing and shall be deemed