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automatically as part of this Agreement a provision as similar in terms to such illegal, invalid, or <br />unenforceable provision as may be possible and be legal, valid and enforceable. <br />10.4 Making Counterparts. This Agreement may be executed in several counterparts, <br />n each of which will be deemed an original but all of which will constitute one and the same <br />instrument. However, in making proof hereof it will be necessary to produce only one copy <br />hereof signed by the party to be charged. <br />10.5 Additional Documents and Acts. Each Member agrees to execute and deliver <br />such additional documents and instruments and to perform such additional acts as maybe <br />necessary or appropriate to effectuate, carry out and perform all of the terms, provisions, and <br />conditions of this Agreement and the transactions contemplated hereby. <br />G <br />10.6 No Third Party Beneficiary. This Agreement is made solely and specifically <br />among and for the benefit, of the parties hereto, and their respective successors and assigns, and <br />no other person will have any rights, interest, or claims hereunder or be entitled to any benefits <br />under or on account of this Agreement as a third party beneficiary or otherwise. <br />10.7 Notices. Any notice to be given or to be served upon the Company or any party <br />hereto in connection with this Agreement must be in writing and will be deemed to have been <br />given and received when delivered to the address specified by the Member at the address <br />specified in the Company's Required Records. Any Member or the Company may, at any time <br />by giving five (5) days' prior written notice to the other Members and the Company, designate <br />any other address in substitution of the foregoing address to which such notice will be given. <br />10.8 Interests. This Agreement shall control the disposition of any Interest of the LLC <br />now owned or hereafter acquired by the Members. <br />IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the day <br />and year fust above written. <br />Elk River Lodge & Residential Suites, LLC, <br />By: Patrick L Briggs <br />Chief Mana or <br />zoi/ <br />10 <br />