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y <br /> i <br /> 3 4 <br /> i <br /> responsible for acts or a.isions to act pQSt close afthis escrow. <br /> antzn ~t ~s understood and agreed between the panes hereto that the con~plet1on of this <br /> transaction, and the escrow created hereby, 1~ contingent upon the specific acceptance and approval of the <br /> Agency herein. The execution of these dacun~ents and the delivery of same to Escrow Agent constitutes said - <br /> acceptance and approval, . <br /> IViodi~catian and Amendment. This Agreement may not be modified ar am.ended except in writing <br /> signed by the Seller and Agency <br /> 5 <br /> 21. pa~Ytial Inyalid~t~. Any provision of this Agreement that is unenforceable or invalid or the conclusion of <br /> ~rhich would adversely affect the validity, legality, ar enfarce.ent of this Agreement shall have no effect, but <br /> i <br /> all the remaining provisions of this Agreement shall remain in full force. <br /> f <br /> f <br /> a tuns, captions and headings in this Agreement, including the title of this Agreement, are far <br /> convenience only and are not to be considered in construing this Agreement. . <br /> ~3. o~rerning I~av~. This Agreement shall be governed by ar~d cantrued in accordance with the lames a~` th.e } <br /> State of alifarni. <br /> ~4, No Reliance By one party ~n The Other. Each party hay received independent legal advice franc its <br /> attorneys with respect to the divisibility of executing this Agreement and the meaning of the provisions hereof. <br /> The provisions of this Agreement shall be construed as to their fair meaning, and not far or against any party based <br /> upon any attribution to such party as the source of the language in question. <br /> No Third Party Beneficiary. This Agreement is intended to benefit only the parties hereto and no other <br /> <br /> person or entity has or shall acquire any rights hereunder. <br /> 2~. duty Ta aoperate ~`urther, Each party hereby agrees that it shall, upan request of the other, execute and <br /> deliver such further dacun~ents, include a statement rents and authorization for seeking land use entitlements, din <br /> farm and substance reasonably acceptable to the party to be charged} and da such other acts and things as are <br /> reasonably necessary and appropriate to effectuate the terms and conditions of this Agreement, without cast. <br /> t <br /> A <br /> ~7. Applicability of A~reen~ent To Assignees. This Agreement shall be binding upan and shall inure to the <br /> benefit ~f the successors and assigns ofthe parties to this Agreement. <br /> ~S . Authority to execute A eemen~, Each undersigned represents and warrants that its signature herembelaw <br /> has the paver, authority and ~.ght to b1nd the1r respecnve parties to each of the terms of this Agreement, and shall <br /> indemnify Agency fully, including reasonable costs and attorney's fees, far any injuries ar damages to Agency in - <br /> the event that such authority or power is not, in fact, held by the signatory ar is withdrawn. <br /> Inco oration of Exhibits. All exhibits referenced herein and attached hereto shall be incorporated as if <br /> fully set forth in the body of this Agreement. <br /> 3~. Release, The parties hereto hereby agree that all rights under Section ~54~ afthe civil bode ofthe State <br /> of alifarnia are hereby waved. civil fade section 1 4~ provides as follows: <br /> "A general release does not extend to claims which the creditor does not know or suspect to <br /> exist in his fa~ror at the tune of execntin.g the release, which if known by him mast have <br /> materially affected his settlement with the debtor." <br /> Page ~ ~f ~ ~ <br /> <br />