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01/2712014 14 50 FAX 9703784823 Loloff Const Inc 0000610009 <br />organizations and associations,. The words.. "include," "includes`.' and.. <br />"including" shall be deemed to be followed by, the phrase "without <br />lim,itation." The words "approval," "consent;" and "notice" shall be deemed <br />to be preceded by the word "written." <br />17. Effect of Non-Compliance. If Grantor attempts to sell the Subject Shares or <br />the Subject V1later.,Rights and /or property (or any portion thereof) without <br />affording Grantee the First Right as set forth herein, such sale shall be null <br />and void, and shall not -confer possessory rights, no title or interest <br />whatsoever on the.. intended purchaser. This. provision shall run with and <br />burden the Subject Shares, the Subject Water Rights and-the property. <br />18. Effect of Invalidity. if any provision or portion of this First Right 'or. the <br />application thereof to any person or'circumstance shall, at any time or to any <br />extent, be. invalid or unenforceable fur any reason by a Court of competent <br />jurisdiction, and the basis of the bargain between the parties hereto is not <br />destroyed or rendered ineffective thereby, the remainder of this First Right, or, . <br />the'application of such provisions to persons or circumstances other than <br />those. as to which it is held invalid dr unenforceable, shall not be affected <br />thereby. <br />19- Intent of *Parties. This First Right is intended to describe the rights and <br />responsibilities of and between Grantor and Grantee and are not intended <br />to, and shall not be deemed to, confer rights upon any person or entities or <br />signatories hereto,' or. .to limit, impair, or enlarge in any way. the powers, <br />regulatory authority and responsibilities of Grantee or any other <br />governmental entity. not a party hereto. <br />26. Counterparts. This first Right may be executed in any number of counterparts <br />and by each party on a separate counterpart or- counterparts, each -of which <br />when so - executed and delivered shall be deemed an original and all of <br />which taken together shall constitute but one and the some instrument. <br />. . IN WITNESS WHEREOF, the undersigned Parties have caused this Agreement to be <br />executed on the day and year first written above. <br />