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11.01.85 <br />P129-019 <br />realestl-370 C ~ <br /> <br />be allowed by law. "Prevailing party" within the meaning of <br />this paragraph shall include, without limitation, a party who <br />brings an action after the other's breach or default if such <br />action is dismissed upon the other party's payment of the sum <br />allegedly due or performance of the covenant allegedly <br /> <br />breached, or if the party obtains substantially the relief <br />sought by it in the action. <br /> 12.6 Counterparts. This agreement may be executed in <br />counterparts, each of which shall be an original, but all of <br /> <br />which shall constitute one (1) instrument. <br /> <br /> 12.7 Enti~e .ASreement. The only agreements between <br />the parties are this agreement, and any written amendments or <br />modifications ln~de pursuant to the foregoing, and there are no <br />other agreements of any kind between the parties hereto upon <br />which commitment, undertaking or obligation can be founded. <br />The parties do not rely upon any statement, promise or <br />representation not expressed in this agreement. <br /> <br /> 12.8 Choice of Law. This agreement shall be governed <br />by the laws of the State of California. <br /> <br /> -14 - <br /> <br /> <br />