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13 . In the event of any action or proceeding brought by either <br /> party against the other under this Agreement , the prevailing <br /> Party shall be entitled to recover its actual attorneys ' fees and <br /> all fees , costs and expenses incurred for prosecution , defense , <br /> consultation , or advice in such action or proceeding , along with <br /> actual attorneys ' fees and all fees , costs and expenses incurred <br /> in any post - judgment proceedings to appeal , collect or enforce <br /> the judgment . This provision shall not merge into a judgment on <br /> this Agreement . <br /> 14 . Darpetro shall , concurrently with its execution of this <br /> Agreement , pay to Pep Boys a license fee in the amount of $ <br /> which fee represents the amount incurred to date for <br /> environmental consultant and legal services , including the <br /> preparation of this Agreement . <br /> 15 . All obligations of Darpetro hereunder shall be guaranteed by <br /> As a condition precedent to this Agreement <br /> Darpetro shall deliver to Pep Boys simultaneously with Darpetro ' s <br /> execution and delivery of this Agreement , a fully executed <br /> guaranty in the form of Exhibit B . attached hereto . <br /> IN WITNESS WHEREOF , the parties have executed this Agreement <br /> as of the date first above written . Notices given pursuant to <br /> this Agreement shall , except as specified in Section 2 above , be <br /> sent to the address and to the attention of the individual ( s ) <br /> shown in the signature blocks below . <br /> THE PEP BOYS MANNY , MOE & JACK DARPETRO , INC . , <br /> OF CALIFORNIA , a California a corporation <br /> corporation <br /> By : By : <br /> [ Print ] [ Print ] <br /> Its : Its : <br /> 3111 West Allegheny Avenue <br /> Philadelphia , PA 19132 [ Street ] <br /> [ City , State , Zip ] <br /> Q : \pjw\ 26000 \ 26209001 . 82 - 5 <br />