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(DRAFT-FOR DISCUSSION PURPOSES ONLY) <br /> 17. Amend m ents/Wa iver, <br /> Amendments, or waivers of any term, condition, covenant, duty or obligation contained in <br /> this Agreement may be made only by written amendment executed by all signatories to the <br /> original Agreement, prior to the effective date of the amendment. <br /> 18. SeveraNilftvl <br /> If any term or condition of the Agreement or any application thereof shall to any extent be <br /> held invalid, illegal or unenforceable by the court of competent jurisdiction., the validity, <br /> legality, and enforceability of the remaining terms and conditions of this Agreement shall <br /> not be deemed affected thereby unless one or both parties would be substantially or <br /> materially prejudiced. Further,the Company agrees it will not challenge, in any jurisdiction, <br /> the enforceability of any provision included in this Agreement; and to the extent the validity <br /> of this Agreement is challenged by the Company in a court of competent Jurisdiction, the <br /> Company shall pay for all reasonable fees and costs incurred by the Town in enforcing this <br /> Agreement. <br /> 19. Successors/Assi ns, <br /> This Agreement is binding upon and shall inure to the benefit of the parties hereto, their <br /> successors, assigns and legal representatives. The Company shall not assign, sublet., or <br /> otherwise transfer its rights nor delegate its obligations under this Agreement, in whole or <br /> in part, without the prior written consent from the Town and shall not assign any of the <br /> monies payable under this Agreement, except by and with the written consent of the Town <br /> and shall not assign or obligate any of the monies payable under this Agreement, except by <br /> and with the written consent of the Town. <br /> 200 Headipj&vs. <br /> The article, section, and paragraph headings in this Agreement arc for convenience of <br /> reference only, and shall in no way affect, modify, define or be used in interpreting the text <br /> of this Agreement. <br /> o <br /> 21. Countemar4-ts. <br /> This Agreement may be signed in any number of counterparts all of which taken together, <br /> each of which is an original, and all of which shall constitute one and the same instrument, <br /> and any party hereto may execute this Agreement by signing-one or more counterparts. <br /> 22, Signatures. <br /> Facsimile signatures affixed to this Agreement shall have the same weight and authority as <br /> an original signature. <br /> 8 <br />