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201208135 <br />IX <br />RELIANCE UPON THIS POWER BY THIRD PARTIES <br />38. For purposes of inducing any bank, broker, custodian, insurer, lender, transfer <br />agent, or any other party, to act in accordance with the powers granted by this Power of <br />Attorney, I do hereby represent and warrant and agree that myself and my heirs, distributees, <br />legal representatives, successors and assigns, shall hold such party or parties harmless from any <br />loss suffered, or liability incurred, by any such party or parties who act in accordance with this <br />power prior to said parties receipt of written notice of my death or of any revocation of this <br />power. <br />X <br />DURABILITY OF THIS POWER <br />39. This power shall not be affected by my disability or incapacity, or by any <br />uncertainty as to whether or not I am dead or alive, and it may be accepted and relied upon by <br />anyone to whom it is presented until such person either (1) receives written notice by me to the <br />contrary, or (2) has actual knowledge of my death. <br />XI <br />MISCELLANEOUS PROVISIONS <br />40. If any of the provisions of this power are invalid for any reason, such invalidity <br />shall not affect any of the other provisions of this power, and all invalid provisions shall be <br />wholly disregarded. <br />41. Except where the context otherwise requires, the singular includes the plural and <br />the plural includes the singular. <br />42. All questions pertaining to the validity, interpretation, and administration of this <br />power, shall be determined in accordance with the laws of the State of my domicile. <br />XII <br />POWER OF ATTORNEY BECOMES EFFECTIVE UPON DISABILITY OF PRINCIPAL; <br />CONTINUES IN EFFECT AFTER PRINCIPAL'S DEATH UNTIL NOTICE <br />43. Pursuant to the provisions of the law in effect at the time of signing this power of <br />attorney, I declare this power of attorney shall become effective upon my disability or incapacity, <br />but not until then, and that the authority granted herein shall continue during any period while I <br />am disabled or incapacitated. Further, pursuant to said Sections, all such authority shall continue <br />after my death, until notice of such death shall have been received by my attorney so that said <br />attorney has actual knowledge of the fact that I have died. Any action taken in good faith by said <br />attorney during any period while it is uncertain whether I am alive, before said attorney receives <br />actual knowledge of my death, or, in any event, taken during the period while I am disabled or <br />incapacitated; shall be as valid as if I were alive, competent and not disabled. <br />