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<br />~- ®fiac~~~~s <br />zeject the offer. Silence on the part of BKC shall constitute <br />zejectian. If the groposed-,sale includes assets of Optonor<not <br />zeleted to the Property, BAC ffiay purchase .either.. the Property or <br />the Property together with the other assets, and an equitable <br />purchase price ,shall be allocated to each asset included in the <br />proposed Sale. <br />{b) The. election by,BKG not, to, exercise-its right of <br />first refusal as to any offer which is not. consummated shall not <br />affect its right of first refusal as to any subsequent offer. <br />Anp sale oz attempted sale.. effected'vithout,'first giving BRC the <br />tight of .first refuaa2 described. above shall be: void and of no <br />farce and effect. If I3KC does .not accept the offer to purchase <br />the Property, Uptianor may...conclude the sale to the. purchaser:.. <br />upon the tezma of such offer. and ~spon any such sale, this Agree- <br />..:... ment'shali,terminate'and the option rights and rights of first <br />refusal hezeux~der aha2l be of no further effect, <br />Section 4. Warranty, Uptioror represents and warrants <br />that at the time. of execution of this Agzeeme~st it has the lawful <br />right and authority to gr~int to BiCC the "d3ption and the Right of <br />Fizst Refusal desczibed herein. <br />Sectioh S. No AssiAniment. :Neither this Agreement, nor <br />the zighta;or options set forth herein,. may be sod, assigned, <br />transfezred, pledged oz encumbered in any manner, whether voiun- <br />- 9 - <br />t _ ~ ~ <br />