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specified in this Agreement. All rights, remedies, undertakings, obligations, options, covenants, <br />conditions and agreements contained in this Agreement shall be cumulative and no one of them <br />shall be exclusive of any other. Except as otherwise specified herein, either party hereto may pursue <br />any one or more of its rights, options or remedies hereunder or may seek damages or specific <br />performance in the event of the other party's breach hereunder, or may pursue any other remedy at <br />law or equity, whether or not stated in this Agreement. <br />(d) Coo ern ation. Buyer and Seller agree to execute such instruments and <br />documents and to diligently undertake such actions as may be required in order to consummate the <br />purchase and sale herein contemplated and shall use all reasonable efforts to accomplish the Closing <br />in accordance with the provisions hereof and, following Closing. <br />(e) Time. Time is of the essence of every provision herein contained. In the <br />computation of any period of time provided for in this Agreement or by law, the day of the act or <br />event from which said period of time runs shall be excluded, and the last day of such period shall be <br />included, unless it is a Saturday, Sunday, or legal holiday, in which case the period shall be deemed <br />to ran until 5:00 p.m. of the next day that is not a Saturday, Sunday, or legal holiday. Except as <br />otherwise expressly provided herein, all time periods expiring on a specified date or period herein <br />shall be deemed to expire at 5:00 p.m. on such specified date or period. <br />(f) Counterparts; Facsimile Signatures. This Agreement may be executed in <br />multiple counterparts, each of which shall be deemed an original, but all of which, together, shall <br />constitute but one and the same instrument. A facsimile signature shall be deemed an original <br />signature. <br />(g) Captions. Any captions to, or headings of, the sections or subsections of this <br />Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and <br />shall not be used for the interpretation or determination of the validity of this Agreement or any <br />provision hereof. <br />(h) No Obligations to Third Parties. The execution and delivery of this <br />Agreement shall not be deemed to confer any rights upon, nor obligate any of the parties to this <br />Agreement to, any person or entity other than the parties hereto. <br />(i) Amendment to this Agreement. The terms of this Agreement may not be <br />modified or amended except by an instrument in writing executed by each of the parties hereto. <br />0) Waiver. The waiver or failure to enforce any provision of this Agreement <br />shall not operate as a waiver of any fture breach of any such provision or any other provision <br />hereof. <br />(k) Applicable Law. This Agreement shall be governed by and construed in <br />accordance with the local law of the State of California. <br />(1) Exhibits and Schedules. The exhibits and schedules attached hereto are <br />incorporated herein by this reference for all purposes. <br />(m) Entire Agreement. This Agreement supersedes any prior agreements, <br />negotiations and communications, oral or written, and contains the entire agreement between, and <br />13 <br />