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Buyer: In -N -Out Burgers <br />13502 Hamburger Lane <br />Baldwin Park, California 91706 <br />Attention: Real Estate Department <br />Facsimile: (626) 338-9173 <br />Any notice or other document sent by personal delivery, overnight courier or <br />registered or certified mail as aforesaid shall be considered to have been effectively served <br />or delivered on the day of actual delivery (whether accepted or refused) as evidenced by <br />printed confirmation if by facsimile, on the date of deposit with the United States Postal <br />Service if by certified mail, and as confirmed by the courier service if by courier; provided, <br />however, that if such actual delivery occurs after 5:00 p.m. (local time where received) or <br />on a non -business day, then such notice or communication so made shall be deemed <br />effective on the first business day after the day of actual delivery. <br />8.2 Time of Essence <br />Time is of the essence with respect to each and every provision hereof. <br />8.3 Assignment <br />Neither this Agreement, nor any interest herein, shall be assignable by any <br />party without prior written consent of the other, non -assigning party hereto. For Seller, the <br />Executive Director of Public Works Agency shall have the authority to review and approve <br />or deny any request for assignment. <br />8.4 Govemina Law <br />,, All questions with respect to this Agreement, and rights and liabilities of the <br />parties hereto, shall be governed by the laws of the State of California. Venue shall be in <br />the County of Orange. <br />8.5 Inurement <br />Subject to the restrictions against assignment as herein contained, this <br />Agreement shall inure to the benefit of and shall be binding upon, the assigns, successors <br />in interest, personal representatives, estates, heirs and legatees of each of the parties <br />hereto. <br />8.6 Attorney's Fees <br />In the event of any controversy, claim or dispute between the parties hereto, <br />arising out of or relating to this Agreement or the breach thereof, the prevailing party shall <br />be entitled to recover from the other party reasonable expenses, attorney fees and costs. <br />8.7 Entire Agreement <br />