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b. Proceedings to Enforce Agreement. In any proceeding at law or in equity <br />to enforce any of the provisions or rights under this Agreement, the prevailing party shall be <br />entitled to recover from the unsuccessful party all costs, expenses and reasonable attorney's fees <br />incurred in the enforcement proceeding by the prevailing party (including without limitation such <br />costs, expenses and fees on any appeals) and if such prevailing party shall recover judgment in <br />any such action or proceeding, such costs, expenses, including those of expert witnesses, and <br />attorney's fees shall be included in and as part of the judgment. <br />14. Authorization. Each person executing this Agreement on behalf of a Party <br />represents and warrants that such person is duly and validly authorized to do so on behalf of the <br />entity he or she purports to bind and that such Party has full right and authority and has obtained <br />all consents and approvals and has taken all actions necessary to enter into this Agreement, <br />perform all of its obligations thereunder, and consummate all transactions contemplated under <br />this Agreement. <br />15. Construction of Agreement, ement, This Agreement shall be construed as if it were <br />drafted by all parties. <br />16. Severability. In the event that any provision of this Agreement should be held to <br />be void, voidable, or unenforceable, the remaining portions thereof shall remain in full force and <br />effect. <br />17. Counterparts. This Agreement may be executed in one or more counterparts, each <br />of which shall be deemed to be an original instrument. <br />18. Notice. Any notice, demand, request, or other communication required or <br />permitted to be given under this Agreement, (a) shall be made in writing; (b) shall be delivered <br />by one or more of the following methods: (1) by personal delivery (with notice deemed given <br />when delivered personally); (ii) by overnight courier (with notice deemed to be given upon <br />written verification of receipt); or (iii) by certified or registered mail, return receipt requested <br />(with notice deemed given upon verification of receipt); and (c) shall be addressed to a party as <br />provided in this section or such other address as such party may request by notice given in <br />accordance with this section. <br />The Inn: <br />Apple Inns, Inc. <br />3857 Birch Street, Suite 482 <br />Newport Beach, CA 92660 <br />Attn: Alison A. Miller <br />With a copy to: <br />Leibold McClendon & Mann, P.C. <br />9841 Irvine Center Drive, Suite 230 <br />Irvine, CA 92618 <br />Attn: John G. McClendon <br />