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MODIFICATION OF THIS AGREEMENT SHALL BE VALID UNLESS IT IS IN WRITING <br /> AND IS SIGNED BY BOTH QUINNEYS AND CITY. <br /> 20. A FAILURE BY QUINNEYS OR CITY TO ENFORCE ANY RIGHT UNDER <br /> THIS AGREEMENT SHALL NOT BE DEEMED TO BE A WAIVER OF THAT RIGHT OR <br /> OF ANY OTHER RIGHT. <br /> 21. IF LITIGATION IS INSTITUTED WITH RESPECT TO THIS AGREEMENT, <br /> THE PREVAILING PARTY SHALL BE ENTITLED TO RECOVER FROM THE LOSING <br /> PARTY, IN ADDITION TO ALL OTHER SUMS AND ALLOWABLE COSTS, ITS <br /> REASONABLE ATTORNEY FEES, BOTH IN PREPARATION FOR AND AT TRIAL AND <br /> ANY APPEAL OR REVIEW,SUCH AMOUNT TO BE SET BY THE COURT THAT HEARS <br /> THE MATTER. <br /> 22. TIME IS OF THE ESSENCE REGARDING THIS AGREEMENT. <br /> 23. EACH PERSON EXECUTING THIS AGREEMENT ON BEHALF OF <br /> QUINNEYS AND CITY, RESPECTIVELY, WARRANTS HIS OR HER AUTHORITY TO <br /> DO SO. <br /> 24. QUINNEYS WARRANT AND REPRESENT TO CITY THAT(1)QUINNEYS <br /> OWN FEE TITLE TO QUINNEYS' EXISTING PROPERTY; (2)QUINNEYS HAVE THE <br /> AUTHORITY TO EXECUTE THIS AGREEMENT, AND EXECUTING IT DOES NOT <br /> VIOLATE ANY AGREEMENT TO WHICH QUINNEYS ARE A PARTY OR ANY <br /> COVENANT BY WHICH THE PROPERTY IS BOUND; QUINNEYS HAVE NO <br /> KNOWLEDGE OF ANY CONDITION AFFECTING THE PROPERTY BEING <br /> EXCHANGED BY QUINNEYS THAT WOULD MATERIALLY AND ADVERSELY <br /> AFFECT THE ABILITY OF CITY TO USE THE PROPERTY FOR ANY LAWFUL <br /> PURPOSE, EXCEPT AS DISCLOSED TO CITY IN WRITING. CITY WARRANTS AND <br /> REPRESENTS TO QUINNEYS THAT (1)CITY OWNS FEE TITLE TO THE WEST <br /> UNIVERSITY PARK; (2)CITY HAS THE AUTHORITY TO EXECUTE THIS <br /> AGREEMENT, AND EXECUTING IT DOES NOT VIOLATE ANY AGREEMENT TO <br /> WHICH CITY IS A PARTY OR ANY COVENANT FOR WHICH THE CITY IS BOUND; <br /> (3)CITY HAS NO KNOWLEDGE OF ANY CONDITION AFFECTING THE PROPERTY <br /> BEING EXCHANGED BY THE CITY THAT WOULD MATERIALLY AND ADVERSELY <br /> AFFECT THE ABILITY OF QUINNEYS' TO USE THE PROPERTY FOR ANY LAWFUL <br /> PURPOSE,EXCEPT AS DISCLOSED TO QUINNEYS IN WRITING. <br /> DATED: ,2005 <br /> QUINNEYS: CITY • <br /> By Deleted:PAGE <br /> Robert S. Quinney Its Deleted:--EXCHANGE <br /> AGREEMENT DRAFT <br /> Deleted:10/28/2005 <br /> `'1:,,{Inserted:10/28/200510/28/2005 <br /> x%• <br /> . Deleted:10/28/200510/27/2005 <br /> I PAGE 6--EXCHANGE AGREEMENT DRAFT 11/3/2005 <br />