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<br />16.5 Binding Effect. Subject to the restrictions set forth in Section 16.4 above, this <br />Agreement, and all the terms, covenants and conditions hereof, shall apply to and bind the heirs, <br />executors, administrators, successors and assigns of the respective parties hereto. <br /> <br />16.6 Tax Affidavits. SELLER agrees to furnish to AGENCY an affidavit setting forth under <br />penalty of perjury SELLER's United States taxpayer identification number or social security <br />number if SELLER does not have a taxpayer identification number, and stating that SELLER is <br />not a foreign person as that term is defined for purposes of Internal Revenue Code <br />Section 1445. <br /> <br />16.7 Public Comment. Neither party shall comment to the press regarding the purchase and <br />sale of the Property except to confirm that negotiations are under way, scheduled agency actions <br />or in the status of the Escrow. Agency staff reports recommending AGENCY acquisition of the <br />Property, however, shall contain such information as Agency staff, in its sole and absolute <br />discretion, feels that the Agency Board needs to be apprised of prior to voting on any action with <br />respect to this Property. Agency staff reports may be considered public information under <br />California state law. <br /> <br />16.8 Waivers. A waiver by either party of any breach of any term, condition or covenant of <br />this Agreement by the other shall not be deemed or held to be a waiver of any subsequent or <br />other breach of any term, condition or covenant of this Agreement. <br /> <br />16.9 Time Is Of The Essence. Time is ofthe essence in all matters covered by this <br />Agreement. <br /> <br />16.10 Consent. Whenever in this Agreement the approval or consent of a party is required, <br />such approval or consent must be in advance, shall be in writing, and shall be executed by a <br />person having the express authority to grant such approval or consent. <br /> <br />16.11 Further Actions. The parties hereto agree to execute, acknowledge, if necessary, and <br />deliver such additional documents and instruments and to perform such additional acts as may be <br />necessary or appropriate to effectuate and perform all of the terms, provisions and conditions of <br />this Agreement and the transaction contemplated hereby. <br /> <br />16.12 Interpretation. Whenever the singular number is used in this Agreement and when <br />required by the context, the same shall include the plural and the masculine gender shall include <br />the feminine and neuter genders. <br /> <br />16.13 Headings. The headings of the several paragraphs and sections of this Agreement are <br />inserted only as a matter of convenience and for reference; shall in no way define, limit or <br />describe the scope or intent of any provision of this Agreement; and shall not be construed to <br />affect in any manner the terms and provisions hereof or the interpretation or constructions <br />thereof. <br /> <br />18 <br />