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with such terms. <br />21. Entire Agreement <br />This Agreement can be amended only in writing and at the Closing Date <br />supersedes any agreements between the Parties regarding the Property which are prior <br />in time to this Agreement including but not limited to, the Tony Lema Golf Course <br />Pro Shop Lease and the Golf Professional Services Agreement entered into between <br />Seller and the City of San Leandro in 1987. Any and all of these prior agreements <br />are terminated as of the Closing Date of this Agreement. Seller and Buyer hereby <br />waive any claims pursuant to these prior agreements and this Agreement shall <br />function as a total release of any liabilities of the Seller and the City of San Leandro <br />pursuant to the prior agreements. <br />22. Survival <br />The obligations, representations, and warranties, and the remedies for breach <br />of obligations, representations, and warranties, in this Agreement shall survive the <br />closing date. <br />23. 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 />24. Severability <br />If any term or provision of this Agreement is, to any extent, held invalid or <br />unenforceable, the remainder of this Agreement shall not be affected. <br />25. Waivers <br />No waiver or any breach of covenant or provision in this Agreement shall be <br />deemed a waiver of anv other covenant or provision in this Agreement, and no waiver <br />shall be valid unless in writing and executed by the waiving Party. No extension of <br />time for performance of any obligation or act shall be deemed an extension of the <br />time for performance of any other obligation or act. <br />GOLF COURSE SERVICES PURCHASE AGREEMENT PAGE 9 <br />rev 6n7/97. 6130197 <br />