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No. 2369 approving a counter offer from and a contract of purchase and sale with Key S.B. LLC and other related matters
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No. 2369 approving a counter offer from and a contract of purchase and sale with Key S.B. LLC and other related matters
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8/12/2009 12:20:46 PM
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8/12/2009 12:17:43 PM
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• <br />21. This Agreement shall not be effective or binding until fully executed by the <br />parties hereto. <br />22. The obligations of Paragraphs 10, 12, and 13, any rules of construction or <br />provisions related to jurisdiction, venue and notice set forth in this Agreement shall survive <br />closing. <br />23. If any provision of this Agreement is held by a court of competent jurisdiction to <br />be invalid, void or unenforceable, the remainder of the provisions of this Agreement shall remain <br />in full force and effect and shall in no way be affected, impaired or invalidated. <br />24. Each party shall execute and deliver to the other all such other further instruments <br />and documents as may be reasonably necessary to accomplish the actions contemplated by this <br />Agreement and to provide and secure to the other party the full and complete enjoyment of its <br />rights and privileges hereunder. <br />• 25. This Agreement was negotiated by the parties at arm's length and each of the <br />parties hereto has reviewed the agreement after the opportunity to consult with independent <br />counsel. Neither party shall maintain that the language in the Agreement shall be construed <br />against any signatory hereto. <br />26. Words of any gender used in this Agreement shall be held and construed to <br />include any other gender, and words in the singular number shall be held to include the plural, <br />and vice versa, unless the context requires otherwise. <br />27. The undersigned persons executing and delivering this Agreement on behalf of <br />each of the parties respectively represent and certify that they are the duly authorized officers of <br />each and have been fully empowered to execute and deliver this Agreement and that all <br />necessary corporate action has been taken and done. This Agreement may be executed in <br />duplicate or through counterparts. <br />(remainder of page intentionally left blank) <br /> <br />9 <br />
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