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15. None of the captions of the sections of this Agreement shall be construed as a limitation upon the language of the sections, said captions having been inserted as a guide and partial index and not as a complete index of the contents of such sections. 16. This Agreement may be executed in one or more counterparts, each of which shall be regarded as an original and all of which when taken together shall constitute one and the same document. 17. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof. 18. Notwithstanding any rule or maxim of construction to the contrary, any ambiguity or uncertainty shall not be construed against either Trimark, Shea or Shell based upon authorship of any of the provisions hereof. 19. In order to expedite the transaction contemplated herein,telecopied signatures and initials may be used in place of original signatures and initials on this Agreement. Trimark, Shea and Shell intend to be bound by the signatures and initials on the telecopied document, are aware that the other parties will rely on the telecopied signatures and initials, and hereby waive any defenses to the enforcement of the terms of this Agreement based on the form of signature or initialization. 20. Any notice, request or other communication required or permitted hereunder shall be in writing and shall be deemed duly served and given when personally delivered to or actually received by the party to whom it is directed or, in lieu of such personal service or receipt: (i) the next business day(Monday through Friday) after being deposited with an overnight courier such as Federal Express or DHL; or(ii)upon the sender's confirmation of good delivery if sent by telecopier or facsimile transmission on a business day between the hours of 9:00 a.m. and 5:00 p.m.,the recipient's time, otherwise, at 9:00 a.m.,the recipient's time, on the next following business day,in each case addressed as follows: SHELL: Jeff Whitworth Shell Oil Products US Staff Project Manager 20945 S. Wilmington Avenue Carson, CA 90810-1039 Telephone No. (415) 924-6298 Telecopier No. (713)423-0728 TRIMARK: Trimark Communities, LLC c/o Sterling Pacific Assets 2260 Douglas Blvd, Suite 240 Roseville, CA 95661 Telephone No. (916) 773-1101 Telecopier No. (916) 773-4930 Attention: Duane Grimsman Site Access Agreement(Mountain House-Neighborhood C&D) Page 9 of 11 94205 0