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Section 14. Entire Agreement. <br />This Agreement and the documents referenced herein contain the entire <br />agreement between the parties to this Agreement and shall not be modified in any <br />manner except by an instrument in writing executed by the parties or their respective <br />successors in interest. <br />Section 15. Severability. <br />If any term or provision of this Agreement shall, to any extent, be held invalid or <br />unenforceable, the remainder of this Agreement shall not be affected. <br />Section 16. Waivers. <br />A waiver or breach of covenant or provision in this Agreement shall not be <br />deemed a waiver of any other covenant or provision in this Agreement, and no waiver <br />shall be valid unless in writing and executed by the waiving party. An extension of time <br />for performance of any obligation or act shall not be deemed an extension of the time <br />for performance of any other obligation or act. <br />Section 17. Construction. <br />The section headings and captions of this Agreement are, and the arrangement <br />of this instrument is, for the sole convenience of the parties to this Agreement. The <br />section headings, captions, and arrangement of this instrument do not in any way affect, <br />limit, amplify, or modify the terms and provisions of this Agreement. The singular form <br />shall include plural, and vice versa. This Agreement shall not be construed as if it had <br />been prepared by one of the parties, but rather as if both parties have prepared it. <br />Unless otherwise indicated, all references to sections are to this Agreement. All exhibits <br />referred to in this Agreement are attached to it and incorporated in it by this reference. <br />Section 18. Merger. <br />All of the terms, provisions, representations, warranties, and covenants of the <br />parties under this Agreement shall survive the Close of Escrow and shall not be merged <br />in the Deed or other documents. <br />Section 19. Counterparts. <br />This Agreement may be executed in one or more counterparts. Each shall be <br />deemed an original and all, taken together, shall constitute one and the same <br />instrument. <br />Purchase and Sale Agreement Between February, 2003 <br />Bayside Business Center and the Page 6 of 7 <br />City of San Leandro 618488 <br />