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� • . . <br /> 99 1063'� � <br /> or other document by the person or entity specified pursuant to this section, or (c) in the case of <br /> refusal to accept delivery or inability to deliver the notice or other document, the earlier of(i) the <br /> date of the attempted delivery or refusal to accept delivery, (ii) the date of the postmark on the <br /> return receipt, or (iii) the date of receipt of notice of refusal or notice of nondelivery by the <br /> sending party. <br /> 6. Severability. If any term or provision of this Covenant or the application of it to <br /> any person or circumstance shall to any extent be invalid or unenforceable, the remainder of this <br /> Covenant or the application of such term or provision to persons or circumstances, other than <br /> those as to which it is invalid or unenforceable, shall not be affected thereby, and each term and <br /> � <br /> provision of this Covenant shall be valid and shall be enforced to the extent permitted by law. <br /> 7. Not a Partnership; No Third-Party Beneficiary Rights. The provisions of this <br /> Covenant are not intended to create, nor shall they be in any way interpreted or construed to <br /> create, a joint venture, partnership, or any other similar relationship between the parties. Nothing <br /> in this Covenant shall be construed to create a right or claim in any third party who is not a party <br /> hereto. <br /> 8. Captions and Headings. The captions and headings in this Covenant are for <br /> reference only and shall not be deemed to define or limit the scope or intent of any of the terms, <br /> Covenants, conditions or agreements contained herein. <br /> 9. Entire Agreement. This Covenant contains the entire agreement between the <br /> parties hereto and supersedes all prior agreements, oral or written, with respect to the subject <br /> matter hereof. The provisions of this Covenant shall be construed as a whole and not strictly for <br /> or against any party, regardless of which party drafted it. <br /> 10. Joint and Several Obligations. If any party hereto is composed of more than <br /> one person, the obligations of said party shall be joint and several. <br /> 11. Recordation. This Covenant shall be recorded in the office of the recorder of <br /> Hall County, Nebraska. <br /> EXECUTED as of the day and year first above written. <br /> ALLEN: ALBERTSON'S: <br /> Robert M. Allen Family Partnersl�ip, Albertson's, Inc., <br /> a Nebraska limited partnership a Delaware corporation <br /> � <br /> J <br /> r; <br /> By: � By; � ' �� <br /> Name: Robert M. Allen � C. L e Mumford <br /> Its: General Partner Vice President, Real Estate Law <br /> Exhibit"A" -Site plan showing Parcel2 and Phase 3(Parcels 6 through 13) <br /> Schedule I-Legal descriptions,Parcels 2 and 6 through 13. <br /> c <br />