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C> 40 rSECTION 2I. ASSIGNM, This Agreement may not be assigned by Purchaser or Seller without the prior written consent of the other party. I SECTION 22. TIME. Time is of the essence with regard to all dates or times set forth in this Agreement, however, the expiration of any time period measured in days that expires on a Saturday, Sunday or legal holiday automatically will be extended to the next business day. SECTION 23. 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. SECTION 24. Si1C'CES5OR5 IN INTLEES'C. The terms and conditions of this Agreement shall apply to and bind Seller, its successors and assigns and shall be binding upon Purchaser and Purchaser's successors and assigns. Whenever used, the singular shall include the plural and one gender shall include all genders. SECTION 25. ENTiRE AGREEMENT. This Agreement contains the entire agreement between the parties pertaining to the purchase of the Property and supersedes all prior and contemporaneous agreements, representations and understandings of the parties relating thereto. Provided, however, this Agreement is expressly contingent upon the satisfaction of all conditions set forth in that certain Memorandum of Understanding dated as of July 24, 2000 and Document Escrow Agreement dated as of September 1, 2000, each by and among the Seller, the Purchaser and other parties thereto. No supplement, modification or amendment to this Agreement shall be binding unless executed in writing by the parties. t SECTION 26. WAIVER Failure of 'Seller or Purchaser to insist upon strict performance of any covenant or condition or 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, t " condition or right; but the same shall remain in full force and effect. I ` SECTION 27. ANT !F)C•EECTIVE. This Agreement or any modifications, amendment or alteration thereto, shall not be effective or binding upon any of the parties hereto until it has been executed and delivered by all or the parties hereto. SECTION 28. COJINTERPART . This Agreement maybe executed in one or more counterparts, but all such counterparts, when duly executed, shall constitute one and the same Agreement (a party may execute a copy of this Agreement and deliver it by facsimile transmission, provided however, that any such party shall promptly deliver an original signed copy of this Agreement) L