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Subject to the aforesaid limitation on further assignment by the Company, this <br /> Assignment shall be binding upon the Company and its successors and assigns, and shall inure <br /> to the benefit of the Trustee and its successors and assigns. The Trustee may assign its rights <br /> under this Assignment without the consent of the Company or the Developer. However,neither <br /> the Company nor the Developer may assign either of their obligations or rights under the <br /> Development Agreement or under this Assignment without the prior written consent of the <br /> Trustee. <br /> This Assignment can be waived, modified, amended, terminated or discharged only <br /> explicitly in a writing signed by the Trustee. A waiver signed by the Trustee shall be effective <br /> only in a specific instance and for the specific purpose given. Mere delay or failure to act shall <br /> not preclude the exercise or enforcement of any of the Trustee's rights or remedies hereunder. <br /> All rights and remedies of the Trustee shall be cumulative and may be exercised singularly or <br /> concurrently, at the Trustee's option, and the exercise or enforcement of any one such right or <br /> remedy shall neither be a condition to, nor bar the exercise or enforcement of, any other. <br /> [Remainder of Page Intentionally Blank] <br /> 3 <br />