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<br />8 <br /> <br /> <br />To Seller: Super 5 Kitchen, Inc. <br /> 393 Elsie Avenue <br />San Leandro, CA 94577 <br />Attn: He Hao Huang and Guo Cheng Lin <br /> <br /> <br />Any such communication shall be deemed effective upon personal delivery or on the date of <br />first refusal to accept delivery as reflected on the receipt of delivery or return receipt, as applicable. <br />Any Party may change its address by notice to the other Party. Each Party shall make an ordinary, <br />good faith effort to ensure that it will accept or receive notices that are given in accordance with this <br />section and that any person to be given notice actually receives such notice. <br />8.10 Time. Time is of the essence to the performance of each and every <br />obligation under this Agreement. <br />8.11 Days of Week. If any date for exercise of any right, giving of any notice, or <br />performance of any provision of this Agreement falls on a Saturday, Sunday or legal holiday, the <br />time for performance will be extended to 5:00 p.m. on the next business day. <br />8.12 Reasonable Consent and Approval. Except as otherwise provided in this <br />Agreement, whenever a Party is required or permitted to give its consent or approval under this <br />Agreement, such consent or approval shall not be unreasonably withheld or delayed. If a Party is <br />required or permitted to give its consent or approval in its sole and absolute discretion or if such <br />consent or approval may be unreasonably withheld, such consent or approval may be unreasonably <br />withheld but shall not be unreasonably delayed. <br />8.13 Further Assurances. The Parties shall at their own cost and expense <br />execute and deliver such further documents and instruments and shall take such other actions as may <br />be reasonably required or appropriate to carry out the intent and purposes of this Agreement. <br />8.14 Waivers. Any waiver by any Party shall be in writing and shall not be <br />construed as a continuing waiver. No waiver will be implied from any delay or failure to take action <br />on account of any default by any Party. Consent by any Party to any act or omission by another <br />Party shall not be construed to be a consent to any other subsequent act or omission or to waive the <br />requirement for consent to be obtained in any future or other instance. <br />8.15 Signatures/Counterparts. This Agreement may be executed in two or <br />more counterparts, each of which shall be deemed an original, but all of which together shall <br />constitute one and the same instrument. Any one of such completely executed counterparts shall be <br />sufficient proof of this Agreement. <br />8.16 Date and Delivery of Agreement. Notwithstanding anything to the <br />contrary contained in this Agreement, the Parties intend that this Agreement shall be deemed <br />effective, and delivered for all purposes under this Agreement, and for the calculation of any <br />statutory time periods based on the date an agreement between Parties is effective, executed, or <br />delivered, as of the Effective Date. DRAFT