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01/27/2014 14 50 FAX 9703784823 Loloff Const Inc 00005 /0009 <br />established express delivery service which maintains delivery records . <br />requiring a signed receipt, (ii) hand delivery, or.(iii) certified or registered <br />mail, postage prepaid, , return receipt requested 'Jo the Parties at the <br />addresses above, or at such other address as the parties may designate by <br />Notice in the above manner. <br />10. Effective Date. Notices shall be effective (a) the next day following the date <br />-sent by an established express delivery service, which maintains delivery <br />records requiring a signed- receipt,'' (b) upon receipt by the addressee of a <br />hand delivery, or, (c) three days following the date of mailing via certified or <br />registered mail, postage prepaid, return-receipt requested. <br />11. Status and Authority of Grantor. Grantor hereby represents and warrants the <br />following that this First Fight and its execution and, delivery to Grantee will <br />not result in a breach of, or constitute a default under, any indenture, loan or <br />credit agreement, mortgage, deed of trust ar other-agreement. <br />12*1 No Construction Against Drafter:, This First. Right 'has been prepared by the <br />combined efforts of Grantor and '.Grantee and their respective legal counsel <br />as Grantor and Grantee so desired; accordingly, the parties agree there <br />shall be no con4truction against the drafter of this. Right of First Refusal should <br />any dispute arise - <br />13. Amendment. This First Right -may not be amended or modified except by an <br />instrument. in writing duly executed by both parties. <br />14. Time: of the Essence. Time is of the essence with respect to the performance <br />of each and every-term; condition and provision ofihis First Right. <br />15. Non- Business Days. If any date for any action under this First Right falls on a <br />Saturday, Sunday or a day that is a "holiday" as'.'such term is defined in <br />CROP 6, then the relevant date shall be extended automafically until the next <br />business day. <br />16. Definitions and Interpretations._ The defined terms in this First Right shall <br />apply'equally to both the singular and the plural forms of'the terms defined. <br />Whenever the context may requite, any pronoun shall include the <br />corresponding masculine, feminine and neuter forms- The term "person" <br />includes individuals, corporations, partnerships, trusts, other legal.. entities, ' <br />4 1 Page <br />