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the parties to this Agreement may be enforced by an action in law or in equity, and equitable <br /> remedies, including, injunctive relief, shall be available to enforce obligations arising under this <br /> Agreement. <br /> C. This Agreement supersedes all prior discussions and negotiations of the <br /> parties relative to its subject matter and constitutes the sole agreement of the parties related thereto. <br /> This Agreement may not be modified, amended or its provisions waived in any way except by a <br /> written instrument dated subsequent to the date of this Agreement and signed by the parties to be <br /> bound by such amendment, modification or waiver. <br /> D. Lansings and Suddendorfs represent they are the sole fee owners of Lot 1 and <br /> Lot 2, respectively, and have the right and authority to enter into this Agreement and perform their <br /> respective obligations hereunder. <br /> E. This Agreement maybe executed in multiple counterparts,each of which shall <br /> be deemed an original and all of which together shall be considered one and the same instrument. <br /> Any party may execute a counterpart of this Agreement and deliver such counterpart to the other <br /> party by facsimile to the following facsimile numbers: <br /> If to Lansings: - G \- -°1 <br /> I <br /> If to Suddendorfs: 9S 2- 993- SSV <br /> Delivery of a copy of this Agreement by facsimile shall be complete upon <br /> confirmation of facsimile transmission. <br /> F. Any notice,demand or other communication required or permitted to be given <br /> under this Agreement shall be in writing and shall be deemed to have been duly given and delivered <br /> one business day after having been mailed by Certified Mail via the U.S. Postal Service, addressed <br /> c:\Suddendorf Agreement.clean.083006 - 7 - <br />