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wide by approximately 150 feet long. Diamond will pay for a legal description prepared by a surveyor, and a survey or drawing, of the legal description of the property to retained by Diamond . The legal description and final form of the reservation must be approved by the County prior to November 1 , 2005 . 12 . DEFAULT. If either Diamond or JCL defaults under this Assignment, the County may waive the default and proceed to closing, seek specific performance, or refuse to close and elect to receive the return of any money paid, each without waiving any action for damages, or any other remedy permitted by law or in equity resulting from such default. If the County defaults under this Assignment, Diamond or JCL may seek any remedy permitted by law or in equity resulting from the County's default. In connection with any dispute arising out of this Assignment, including without limitation litigation and appeals, each party will be responsible for its own attorney's fees and costs . 13 . BROKERS . JCL and Diamond warrant that no persons, firms, corporations or other entities are entitled to a real estate commission or other fees as a result of this Assignment or subsequent closing, except as accurately disclosed on the Beneficial Interest Affidavit. 14 , RECORDING . This Assignment may not be recorded . 15 . ASSIGNMENT . This Assignment may not be assigned by any party without the prior written consent of all parties, and any such assignment or attempted assignment shall be null and void . 16 . TIME. Time is of essence with regard to all dates or times set forth in this Assignment. 17 , SEVERABILITY . In the event any of the provisions of this Assignment are deemed to be unenforceable, the enforceability of the remaining provisions of this Assignment shall not be affected . 18 . SUCCESSORS IN INTEREST. Upon the parties ' execution of this Assignment, the heirs, legal representatives, successors and assigns of the parties will be bound by it. Whenever used, the singular shall include the plural and one gender shall include all genders . 19 . ENTIRE AGREEMENT . This Assignment contains the entire agreement between the parties pertaining to the subject matter contained in it and supersedes all prior and contemporaneous agreements, representations and understandings of the parties. No supplement, modification or amendment to this Assignment shall be binding unless executed in writing by the parties. 20. WAIVER. Failure by any party to insist upon strict performance of any covenant or condition of this Assignment, 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. 21 . AMENDMENTS . No modification, amendment or alteration hereto, shall be effective or binding upon the parties hereto until it has been executed by all of the parties hereto . 22 . NOTICE. Whenever either party desires or is required to give notice unto the other, it must be given by written notice, and either delivered personally or mailed to the appropriate address indicated on the first page of this Addendum, or such other address as is designated in writing by a party to this Assignment. Notices shall be deemed made as of the earliest of. actual delivery, the next business day after delivery to FedEx, UPS, DHL or similar overnight service, or 3 business days after mailing USPS .