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purchase from Seller's affiliate and develop ("Curb Cut"). Purchaser hereby covenants and agrees, as a material inducement to Seller to enter into this Agreement, that none of its use or development of the Property will preclude, impair or limit the Curb Cut, and that Purchaser will not hereafter attempt to preclude, impair or limit the Curb Cut on the basis that it is too close to any proposed curb cuts, entrances or other uses or developments of the Property by Purchaser. 11.23. Rules of Interpretation. Except as otherwise expressly provided in this Agreement, the following rules shall apply hereto: (i) the singular includes the plural and the plural includes the singular; (ii) "or" is not exclusive and "include" and "including" are not limiting; (iii) a reference to any agreement or other contract includes any permitted supplements and amendments; (iv) a reference in this Agreement to a section or exhibit is to the section of or exhibit to this Agreement unless otherwise expressly provided; (v) a reference to a section or paragraph in this Agreement shall, unless the context clearly indicates to the contrary, refer to all sub -parts or sub -components of any said section or paragraph; (vi) words such as "hereunder", "hereto", "hereof', and "herein", and other words of like import shall, unless the context clearly indicates to the contrary, refer to the whole of this Agreement and not to any particular clause hereof; (vii) the headings of the articles or sections and the ordering or position thereof are for convenience only and shall not in any way be deemed to affect the meaning of this Agreement; (viii) a reference in this Agreement to a "person" or "party" (whether in the singular or the plural) shall (unless otherwise indicated herein) include both natural persons and unnatural persons (including, but not limited to, corporations, partnerships, limited liability companies or partnerships, trusts, etc.); (ix) all accounting terms not otherwise defined herein have the meanings assigned to them in accordance with GAAP; and (x) any reference in this Agreement to a "business day" shall include each Monday, Tuesday, Wednesday, Thursday and Friday that is not a day on which national banks in Orlando. Florida are closed. 11.24. No Use of Disney Names. Purchaser, by virtue of this Agreement, shall acquire no right to use, and Purchaser shall not use, the name "Disney," or "Walt Disney World" or any of their variants (either alone or in conjunction with or as a part of any other word, mark or name) or any marks, fanciful characters or designs of Seller or of The Walt Disney Company, Disney Enterprises, Inc. or any of their respective related, affiliated or subsidiary companies in any advertising, publicity or promotion; to express or imply any endorsement by Seller or any of such other entities of Purchaser or any of its goods or services, or in any other manner whatsoever (whether or not similar to the uses hereinabove specifically prohibited). The terms and provisions of this Section shall survive the Closing. 11.25. Waiver of Tender of Deed and Purchase Moneys. The requirement of tender of an executed deed by the Seller and the tender by Purchaser of the portion of the Purchase Price payable at the Closing are hereby mutually waived, but nothing herein shall be construed as a waiver of Seller's obligation to deliver the deeds and/or of the concurrent obligation of Purchaser to pay the Purchase Price at the Closing. 11.26. Survival. It is understood and agreed that whether or not it is specifically so provided in this Agreement, any provisions of this Agreement which, by their nature and context, is required to be observed, kept or performed after the Closing, shall survive the Closing and the delivery of the special warranty deed, and shall not be merged therein, but shall remain binding and effective upon and for the benefit of the parties hereto and their respective successors and assigns until fully observed, kept or performed. January 8, 2008 19