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�0�104400 8. RELATIONSHIP OF THE PARTIES. The relationship of the parties is that of owner and occupant. This Agreement shall not be deemed to give rise to a partnership relationship, and neither party shall have the authority to obligate the other without written consent, except as specifically provided in this Agreement. 9. REMEDIES ON DEFAULT. The failure or delay of the Owner or the User to exercise any of their respective rights or privileges under this provision of the Agreement, or any other terms of this Agreement, shall not be held a waiver of any of the terms, covenants, or conditions of said instrument, nor of any of the respective rights or privileges of either party under the same. Any act of either the Owner or the User waiving, or which may be held to have waived, any specific default of the other pariy shall not be construed or held to be a waiver of any future default. If the User fails to perform any term, condition, or covenant of this Agreement, the Owner may terminate this Agreement by giving written notice of termination to the User and may regain possession of the Property in the manner then provided by the law of the State of Nebraska. The right to terminate this Agreement shall be in addition to any other rights or remedies then provided by the law of the State of Nebraska for breach of this Agreement by the User. 10. BINDING EFFECT. All provisions of this Agreement shall be binding upon and inure to the benefit of the parties hereto, their heirs, personal representatives, successors, and assigns. ] 1. TIME OF ESSENCE. Time is of the essence of this Agreement and in the performance of the terms hereof. 12. COUNTERPARTS. This Agreement may be executed in any one or number of counterparts, each of which shall be deemed an original and which, together, shall constitute one and the same instrument. 13. COPIES AND/OR FACSIMILES. A facsimile or photocopy of a properly executed counterpart of this Agreement shall be as legally binding and valid as the original. IN WIT'NESS WHEREOF, the parties have signed this Agreement on the date(s) hereinafter set forth. OWNER: Platte River Recovery Implementation Foundation, Trustee By: ` Diane Wilson, Executive Director Dated: June � , 2011 STATE OF NEBRASKA ) ) ss: COUNTY OF ) 'The foregoing instrument was acknowledged before me on June 3, 2011, by Diane Wilson, Executive Director of the Platte River Recovery Implementation Foundation, Trustee. �i�A,l141�1 M. R�3S30 ' ��' ��; o Public Page 2 of 5