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hereto and their respective heirs, representatives, successors, and assigns. Either Party shall have <br />the right to assign its rights hereunder. <br /> <br /> h. Impairment of Property. From and after the date of this Contract, neither Party <br />shall do or permit others to do any of the following on or to the respective Exchange Parcels, <br />without prior written consent from the acquiring Party: <br /> <br />(1) hunting; <br /> <br />(2) logging; <br /> <br />(3) grubbing or clearing; <br /> <br />(4) grading; <br /> <br />(5) removal of gravel, rock, sand, dirt or minerals; or <br /> <br />(6) waste of the Exchange Parcels. <br /> <br /> i. Interpretation. The Parties acknowledge and agree that each has been given the <br />opportunity to independently review this Contract with legal counsel, and/or has the requisite <br />experience and sophistication to understand, interpret, and agree to the particular language of the <br />provisions hereof. The Parties have equal bargaining power, and intend the plain meaning of the <br />provisions herein. In the event of an ambiguity in or dispute regarding the interpretation of this <br />Contract, the interpretation of this Contract shall not be resolved by any rule of interpretation <br />providing for interpretation against the party who causes the uncertainty to exist or against the <br />draftsman. <br /> <br /> j. Dates and Time Periods. Should the date for the giving of any notice, the <br />performance of any act, or the beginning or end of any period provided for herein fall on a <br />Saturday, Sunday or other legal holiday, such date shall be extended to the next succeeding <br />business day which is not a Saturday, Sunday or legal holiday. <br /> <br />17. EXECUTION OF CONTRACT BY OFFICER OF HORTON. <br /> <br />NOTWITHSTANDING ANYTHING CONTAINED HEREIN TO THE CONTRARY, <br />NEITHER THIS CONTRACT NOR ANY AMENDMENT HERETO SHALL BE A VALID <br />AND ENFORCEABLE OBLIGATION OF HORTON UNLESS THE CONTRACT OR <br />AMENDMENT IS EXECUTED BY ANY ONE OF DONALD R. HORTON, DONALD J. <br />TOMNITZ, OR GEORGE SEAGRAVES, EACH AN OFFICER OF HORTON, WITHIN <br />THIRTY (30) DAYS OF THE EXECUTION OF THIS CONTRACT OR AMENDMENT BY <br />ELK RIVER AND HORTON'S REPRESENTATIVES. <br /> <br />EXHIBIT LIST <br /> <br />Exhibit A - Depiction of Elk River Parcels <br /> <br />2174122vl 13 <br /> <br /> <br />