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i <br /> 6.1 I <br /> Page 44 <br /> Property Conditions and the Option Agreements. County expressly waives the benefits of <br /> California Civil Code Section 1542, which provides as follows: <br /> "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH <br /> THE CREDITOR DOES NOT KNOW OR EXPECT TO EXIST IN HIS i <br /> OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, <br /> WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY <br /> AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." <br /> 7. Counterparts. This Assignment may be executed in counterparts, each of which <br /> shall be deemed an original, but all of which, together, shall constitute one and the same <br /> instrument. <br /> 8. BindingEffect. This Assignment shall be binding upon and inure to the benefit of <br /> the successors, assigns, personal representatives, heirs and legatees of the respective parties <br /> hereto. <br /> 9. Governin�. This Assignment shall be governed by, interpreted under, and <br /> construed and enforced in accordance with the internal laws of the State of California. <br /> 10. Section Headinss. The headings of sections are inserted only for convenience <br /> only and are not intended to limit or define the scope or effect of any provision of this <br /> Assignment. <br /> 11. No Ora.l Modifications. This Assignment may not be amended or modified <br /> except in writing executed by all of the parties hereto. <br /> 12. Attorneys' Fees. If an action is commenced by a party hereto resulting from a <br /> dispute arising out of this Assignment, the prevailing party shall be entitled to recover its <br /> reasonable attorneys' fees and costs from the other party in such action. As used herein, the term <br /> attorneys' fees means attorneys' fees whether or not litigation ensues and if litigation ensues <br /> whether incurred at trial, on appeal, on discretionary review, or otherwise. <br /> 13. Severabilitv. The invalidity, illegality or unenforceability of any provision of this <br /> Assignment shall not affect the enforceability of any other provision of this Assignment, all of <br /> which sha11 remain in full force and effect. <br /> 14. Time of the Essence. Time is of the essence of this Assignment and of the <br /> obligations required hereunder. <br /> 15. Non-Waiver. No delay or failure by any party to exercise any right hereunder, <br /> and no partial or single exercise of such right, shall constitute a waiver of that or any other right, <br /> unless otherwise expressly provided herein. <br /> 16. Further Assurances. The parties agree to execute all documents and instruments <br /> reasonably required in order to consummate the transactions contemplated in this Assignment. <br /> S:�AGR�2010�2010. 128 Chemical Way MOU.doc 4 <br /> i l/IS/10 <br />