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~ ~ <br />Centaur: <br />Centaur Capital <br />1400 Fashion Island Boulevard, Suite 1000 <br />San Mateo, CA 94404 <br />Attn: Dan Rubenstein and Tom Hix <br />Shapell: <br />Shapell Industries, Inc. <br />P.O. Box 361169 <br />100 N. Milpitas Blvd. <br />Milpitas, CA 95035 <br />Attn: Daniel W. Hancock <br />7. Assignment. <br />This agreement is fully assignable to any successor in interest to title to the Subject <br />Property. <br />8. Time of Essence. <br />Time is of the essence of this agreement and each provision herein contained. <br />9. ~Indina. <br />This agreement shall be binding upon and shall inure to the benefit of the parties <br />hereto, their respective legal representatives, heirs, successors in interest and <br />assigns. In order to provide successors in interest with. notice of the binding <br />obligations of this agreement, the parties shall execute and cause to be recorded a <br />memorandum of agreement specifically stating the reimbursement obligations of the <br />developer of the Subject Property. <br />10. Attorneys Fees. <br />In the event any litigation is commenced between the parties hereto with respect to <br />the interpretation or enforcement of this agreement, in addition to such other relief as <br />may be granted, the prevailing party shall be entitled to a reasonable sum of <br />attorneys' fees and for the costs and expenses of litigation, including any fees for <br />expert witnesses. <br />11. ~everability. <br />It is agreed that if any terms, covenants, provisions, paragraph or condition of this <br />agreement shall be illegal or unenforceable, such illegality or unenforceability shall <br />not invalidate the whole agreement, but the agreement shall be construed as if not <br />- 6 - <br />