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<br />If to Escrow Holder: <br /> <br />First American Title Insurance Company <br />I First American Way <br />Santa Ana, CA 92707 <br />Telephone: (714) 800-3470 <br />Facsimile: (714) 800-3138 <br /> <br />Notice shall be deemed to have been delivered only upon actual delivery to the intended <br />addressee in the case of either personal, courier, or facsimile delivery. The addresses for <br />purposes of this paragraph may be changed by giving written notice of such change in the <br />manner provided herein for giving notices. Unless and until such written notice is delivered, the <br />latest information stated by written notice, or provided herein if no written notice of change has <br />been delivered, shall be deemed to continue in effect for all purposes hereunder. <br /> <br />(d) Time of Essence. Time and each of the terms, covenants, <br />conditions and contingencies ofthis Agreement are hereby expressly made of the essence. <br /> <br />(e) Counterparts. This Agreement maybe executed in several <br />counterparts and all such executed counterparts shall constitute one agreement, binding on the <br />Parties hereto, notwithstanding that the Parties hereto are not signatories to the original or to the <br />same counterpart. This Agreement shall not be binding unless and until all Parties hereto have <br />executed the Agreement. <br /> <br />(f) Governing Law. The validity, construction and operational effect <br />of this Agreement shall be governed by the laws of the State. <br /> <br />(g) Intentionally Omitted. <br /> <br />(h) Prior Agreements. This Agreement supersedes any and all oral or <br />written agreements between the Parties hereto regarding the Steadfast Property and the City <br />Property which are prior in time to this Agreement. Neither City nor Steadfast shall be bound by <br />any prior understanding, agreement, promise, representation or stipulation, express or implied, <br />not specified herein. <br /> <br />(i) Further Assurances. City and Steadfast agree to execute all <br />documents and instruments reasonably required in order to consummate the exchange herein <br />contemplated and to carry out the intent and purpose of this Agreement. <br /> <br />(j) Severability. If any portion of this Agreement is held to be <br />unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall remain <br />in full force and effect. <br /> <br />(k) Performance Due on Non-Business Dav. If the time period for the <br />performance of any act called for under this Agreement expires on a Saturday, Sunday, or any <br />other day on which banking institutions in the State are authorized or obligated by law or <br /> <br />40836735. 16 <br /> <br />20 <br />