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5.4 Assi�nment. This Agreement shall be binding on, and shall inure to the
<br /> benefit of, the parties to it and their respective heirs, legal representatives, successors, and
<br /> assigns.
<br /> 5.5 Mediation. In the event of a dispute between Seller and Buyer arising
<br /> from this Agreement or the interpretation thereof, before filing a lawsuit, all parties agree to first
<br /> submit the dispute to non-binding mediation with a mutually acceptable mediator, with each
<br /> party bearing one-half ('/2) of the mediator's fees. Except as expressly set forth below, if any
<br /> party files a lawsuit without coinplying with the foregoing requirement, that party shall waive its
<br /> right to any attorneys' fees to which such party may be entitled to in such lawsuit under this
<br /> Agreement. Notwithstanding the foregoing, if a party submits a written request to mediate a
<br /> dispute to the other party and the latter fails to respond in good faith and to take reasonable steps
<br /> to initiate mediation within thirty (30) days of receipt of such notice, the party requesting the
<br /> mediation shall then be free to file a lawsuit and there shall be no waiver of any entitlement to
<br /> attorneys' fees under the preceding sentence. Notwithstanding the foregoing,the parties shall be
<br /> entitled to obtain equitable relief, such as by temporary restraining order or injunction, in State or
<br /> Federal Court to prevent any violation of any of the covenants, conditions or provisions
<br /> contained in this Agreement. Such remedies shall be in addition to all other remedies available
<br /> to the parties including, but not limited to,the right to recover any and all monetary damages that
<br /> may be sustained as a result of another party's breach.
<br /> 5.6 Recoverv of Litigation Costs. If any legal action or arbitration or other
<br /> proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute,
<br /> breach, default, or inisrepresentation in connection with any of the provisions of this Agreement,
<br /> the successful or Prevailing Party or parties shall be entitled to recover reasonable attorneys' and
<br /> accountants' fees and other costs incurred in that action or proceeding, in addition to any other
<br /> relief to which it or they may be entitled. The term "Prevailing Party" will include, without
<br /> limitation, a party who substantially obtains or defeats the relief sought, as the case may be,
<br /> whether by compromise, settlement; judgment, or the abandonment by the other party of its
<br /> claim or defense. The attorneys' fees award will not be computed in accordanee with any court
<br /> fee schedule, but will be such as to fully reimburse all attorneys' fees reasonably incurred. The
<br /> parties agree that any judgment or order entered in such action shall contain a specific provision
<br /> providing for the recovery of attorneys' fees and costs incurred in enforcing such judgment.
<br /> 5.7 Nofices. All notices, requests, demands, and other communications
<br /> required or permitted under this Agreement shall be in writing and shall be deemed to have been
<br /> duly given (i) on the date of service, if served personally on the party to whom notice is to be
<br /> given; (ii) on the fifth day after mailing, if mailed to the party to whom notice is to be given, by
<br /> first class mail, registered or certified, postage prepaid; or (iii) One (1) business day after (a)
<br /> deposit with a nationally recognized overnight courier, or (b) transmission by telecopy or similar
<br /> means, if a copy of the notice is also sent via first class mail, registered or certified, postage
<br /> prepaid or by overnight courier, provided that a transmission report is generated reflecting the
<br /> accurate transmission of the notice. All notices, requests, demands, and other communications
<br /> must be addressed as follows:
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