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<br />24. No Modification Except in Writina. This Agreement cannot be modified <br />except in a writing signed by both the Owner and the Surety. <br /> <br />25. Intearation. This Agreement, the General Contract and the Performance <br />Bond constitute the entire Agreement between the Owner and the Surety and, together, <br />supersede all prior negotiations, representations, offers, other writings and oral statements <br />of every description. <br /> <br />26. Governina Law. This Agreement is executed pursuant to and <br />governed by the laws of the State of California. <br /> <br />27. No Waiver. The failure of either party to exercise in any respect a right <br />provided for in this Agreement shall not be deemed to be a subsequent waiver of the <br />same right or of any other right, subject to the provisions of the General Contract. <br /> <br />28. Counterparts. This Agreement may be executed in any number of <br />counterparts each of which when executed and delivered shall be deemed to be an <br />original with all counterparts be constituting but one and the same instrument. The <br />execution of this Agreement by any parties hereto will not become effective until <br />counterparts hereof have been executed by all parties. Facsimile signatures shall be <br />treated as original signatures. On the request of a party, an original signature page will be <br />delivered to the requesting party. <br /> <br />[Rest of this page is blank.] <br /> <br />TAKEOVER AGREEMENT - Page 8 of 9 <br />{7672.005-00232947; 1} <br /> <br />1175334v6 33786/0010 <br />