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18 . BROKERS . Seller warrants that no person , firm , corporation , or other entity is entitled to a real estate commission or other fees as a result of this Agreement or subsequent closing , except as accurately disclosed on the Closing Documents . Seller shall indemnify and hold Purchaser harmless from any and all such commission claims , whether disclosed or undisclosed . 19 . RECORDING . This Agreement may not be recorded . 20 . ASSIGNMENT . This Agreement may be assigned by Purchaser, in which event Purchaser will provide written notice of assignment to Seller. This Agreement may not be assigned by Seller without the prior written consent of Purchaser. 21 . TIME . Time is of essence with regard to all dates or times set forth in this Agreement. 22. SEVERABILITY. In the event any of the provisions of this Agreement are deemed to be unenforceable, the enforceability of the remaining provisions of this Agreement shall not be affected . 23 . SUCCESSORS IN INTEREST. Upon Seller's execution of this Agreement, Seller's heirs , legal representatives , successors and assigns will be bound by it. Upon Purchaser's approval of this Agreement and Purchaser's exercise of the option , Purchaser and Purchaser's successors and assigns will be bound by it. Whenever used , the singular shall include the plural and one gender shall include all genders. 24 . ENTIRE AGREEMENT . This Agreement contains the entire agreement between the parties pertaining to the subject matter contained herein and supersedes all prior and contemporaneous agreements, representations , and understandings, whether written or oral , between the parties pertaining to the subject matter contained herein . 25 . WAIVER . Failure of Purchaser or Seller to insist upon strict performance of any covenant or condition of this Agreement, or to exercise any right herein contained , shall not be construed as a waiver or relinquishment for the future of any such covenant, condition or right; but the same shall remain in full force and effect. 26. AMENDMENTS . No modification , amendment, or alteration hereto, shall be effective or binding upon any of the parties hereto until it has been executed by all of the parties hereto . 27 . SURVIVAL. The covenants, warranties , representations, indemnities and undertakings of Seller set forth in this Agreement shall survive the closing , delivery, and recording of the Conservation Easement under this Agreement. 28 . BARGAIN SALE . Purchaser acknowledges that Seller intends to effectuate a "bargain sale" of the Property, i . e. , a sale to a charitable organization at a price below fair market value wherein the difference is considered a charitable contribution under applicable sections of the Internal Revenue Code . Seller acknowledges that the substantiation of a charitable contribution deduction rests exclusively with Seller, with the exception of