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(DRAFT-FOR DISCUSSION PURPOSES ONLY) <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 <br /> the original Agreement,prior to the effective date of the amendment. <br /> 18. Severability. <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 i otdchallenge, in any <br /> jurisdiction,the enforceability of any provision include" 'this Agreement; and to the <br /> extent the validity of this Agreement is challenged Of it Company in a courtof <br /> competent jurisdiction,the Company shall pay.fgr;all reasonaUXe;fees and costs incurred <br /> by the Town in enforcing this Agreement. <br /> 19. Successors/Assigns. <br /> This Agreement is binding upon.th�parties hereto,thea sdecessors, assigns acid legal <br /> representatives. The Company sha11 not_assign, sublef,6f.otherwise transfer its rights nor <br /> delegate its obligations under this 1�fpen e i in whole-or in part, without the prior <br /> written consent from the Town, and shall nod"assign any of fhb-monies payable under this <br /> Agreement, except bye and with the written consent of the Town and shall not assign or <br /> obligate any of the onie payable under this Agreement;except by and with the written <br /> consent of the Tdwn <br /> 20. Headings. <br /> The article, sectiozi -and paragraph headings iv this Agreement are for convenience of <br /> reference only, and shall-in no'Tay.affect,modify, define or be used in interpreting the <br /> text ofibis Agreement. m =- <br /> 21. C omit imrts. _= <br /> This Agreement maybe signed in any number of counterparts all of which taken together, <br /> each of which is an ori.gnalTand 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 /> 23.Entire Agreement. <br /> 9 <br />