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EENT BY:IRELL & MANELLA ;11-13-91 ; 14:47 IRELL & MANEL � 2094653071 ;# 0 <br /> 13. Termination of Nonuse. If Kearney does not <br /> actively exercise the rights granted herein to construct and <br /> monitor the Well for a period of one hundred twenty (120) <br /> consecutive days, this Agreement and the rights granted to <br /> Kearney herein shall, at Landowner's option, expire. <br /> 14, TljnAnse Not Assignable. Kearney shall not assign <br /> this Agreement, in whole ox in part, or any rights granted <br /> Kearney herein, without the prior written consent of Landowner. <br /> Any transfer or assignment or attempt to transfer or assign this <br /> Agreement or any rights granted Kearney herein, whether <br /> voluntarily, by operation of law, or otherwise, without <br /> Landowner's written consent, shall be absolutely void and, at the <br /> option of Landowner, shall terminate this Agreement. <br /> 15. Su��easora and Assigns. This Agreement shall be <br /> binding upon and inure to the benefit of the permitted successors <br /> and assigns of Kearney and shall be binding upon and inure to the <br /> benefit of the successors and assigns of Landowner. This <br /> Agreement shall also be binding upon and inure to the benefit of <br /> any purchaser of the Property (or any portion thereof) and the <br /> parties hereto agree to enter into such agreements with such <br /> purchaser or purchasers as shall be reasonably necessary to <br /> confirm the same. <br /> 16. Natives. All notices, requests and demands to be <br /> made hereunder to the parties hereto shall be in writing and <br /> shall be (a) delivered by hand, or (b) sent by registered or <br /> certified mail, return receipt requested to the addresses shown <br /> below or such other address that the parties may provide to one <br /> another in accordance herewith. Such notices, requests and <br /> demands, if sent by mail, shall be deemed given when delivered. <br /> LANDOWNER: The Croydon Company, Inc. <br /> 767 Fifth Avenue, 43rd Floor <br /> New York, New York 10153 <br /> Attention: Martin Blackman <br /> KEARNEY: Kearney National, Inc. <br /> 5 Corporate Park Drive <br /> Suite 104 <br /> white Plains, New York 10604 <br /> Attention: Mr. Matthew J. Zilinskas <br /> 17, rAn*innn, The captions or headings at the <br /> beginning of each section or subsection of this Agreement are for <br /> the convenience of the parties hereto and are not a part of this <br /> Agreement. <br /> 7 _ <br /> 2514r%00W0022.WPS <br />