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which shall be deemed an original but all of which together shall <br /> constitute one and the same agreement. <br /> 13.11 Further Assurances. <br /> Each Partner shall execute, with acknowledgment or <br /> affidavit if required, all documents and writings reasonably <br /> necessary or desirable for the formation of this Partnership and <br /> the achievement of its purpose. Each individual signing this <br /> Agreement hereby personally represents and warrants that he or <br /> she is duly authorized to execute and deliver this Agreement on <br /> behalf of the party for whom or which he or she is signing. <br /> 13.12 No Partition. <br /> No Partner nor any legal representative, successor, heir <br /> or assignee of any Partner shall have the right to partition the <br /> Development or any part thereof or interest therein, or to file a <br /> complaint or institute any proceeding at law or in equity to <br /> partition the Development or any part thereof or interest <br /> therein. Each Partner, for himself and his legal <br /> representatives, heirs, successors and assigns, hereby waives any <br /> such rights. The Partners intend that, during the term of this <br /> Agreement, the rights of the Partners and their successors in <br /> interest, as among themselves, shall be governed solely by the <br /> terms of this Agreement and by the Act. <br /> 13.13 Waiver. <br /> No waiver of any provision of this Agreement shall be <br /> deemed effective unless contained in a writing signed by the <br /> party against whom the waiver is sought to be enforced. No <br /> failure or delay by any party in exercising any right, power or <br /> -62- <br />