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200406864 9. The easements and rights established by this Agreement shall not merge and terminate if the Properties become owned by the same entity. 10. Time is of the essence with respect to this Agreement. 11. None of the terms or provisions of this Agreement shall be deemed to create a partnership between or among the parties in their respective businesses or otherwise, nor shall it cause them to be considered joint venturers or members of any joint enterprise. Each party shall be considered a separate owner, and no party shall have the right to act as an agent for another party, unless expressly authorized to do so in this Agreement. 12. Nothing herein contained shall be deemed to be a gift or dedication of any portion of the Properties or of any Property or portion thereof to the general public, or for any public use, or purpose whatsoever. 13. It is expressly agreed that no breach of this Agreement shall entitle any party to cancel, rescind or otherwise terminate this Agreement. However, such limitation shall not affect in any manner any other rights or remedies which a party may have hereunder or under applicable law by reason of any such breach. In the event of breach hereunder, the non - breaching party shall be entitled to all remedies available at law, or in equity, and each party waives any requirement that the other party prove the non - existence of a remedy at law prior to pursuing equitable remedies including, without limitation, specific performance or injunctive relief. 14. If there is any litigation between the parties relating to this Agreement, the prevailing party shall recover all costs and expenses incurred by it in connection with the litigation, including, without limitation, attorneys' fees and costs and any such costs incurred with respect to any appellate or post judgment proceedings related thereto. 15. This Agreement shall be governed by and construed in accordance with the laws of the State of Nebraska. 16. This Agreement may not be amended or modified except by written agreement signed by both parties. In the event that any provision of this Agreement shall be held invalid, the same shall not affect in any respect the validity of the remainder of this Agreement. 17. This Agreement shall not become effective or binding on the parties hereto or on the Poland Property or on the Trust Property unless and until this Agreement is recorded with the Register of Deeds of Hall County, Nebraska. 01499230.4 [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] El I