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21. All obhgaGons, indemnifications, duties, and liabilities undertaken by Grantee <br />under this Agreement shall survive the termination of this Agreement. <br />• <br />22. This Agreement contains the sole and entire agreement and understanding of the <br />parties with respect to its entire subject matter. All prior discussions, negotiations, <br />commitments, and understandings relating to the subjects of this Agreement are merged into it. <br />23. This Agreement may only be amended by the written agreement of both parties. <br />This Agreement cannot be amended orally. <br />24. Section headings or captions contained in this Agreement are inserted only as a <br />matter of convenieace and for reference, and in no way define, limit, extend, or describe the <br />scope of this Agreement or the intent of any provision. <br />25. Whenever required by the context of this Agreement, the singular shall include <br />the plural, and vice versa; and the masculine gender shall include the feminine and neuter <br />genders, and vice versa. The provisions of this Agreement have been independently, separately <br />and freely negotiated by the parties as if drafted by both of them. The parties waive any <br />statutory or common law presumption that would serve to have this Agreement construed in <br />favor of or against either party. <br />GRANTOR: <br />#l I ENTERPRISES, LTD., a limited partnership <br />by #11 ENTERPRISES GP # 2, LLC, a <br />Colorado limited Liability Company, <br />its general partner. <br />Ey: <br />Paul R Vahfdi<;k, Jr., <br />Sole Member <br />...~ry~ <br />STATE OF TEXAS ) <br />ss. <br />COUNTY OF IS ) <br />The foregoing instrument was acknowledged before me this o`~~day of <br />2007, by Paul R Vahldiek, Jr., sole member of #l2 Enterprises, GP#2, LLC, general partner of <br />#11 Enterprises, LLC. <br />Witness my hand and official eal. <br />My commission expires: ~ 02/- c~a10 <br />~'""'"''?ATRICIA S FITZGERALD <br />?,; ,,p NOTARY PUBLIC <br />1 '~ % , State of Texas <br />''~'?~"~~`~ Comm. Exp. 0&21-2010 <br />1/ Gt~"G(Gr ~ ~N~ <br />Notary Public <br />ID044SOZa.t I <br />