MAIL.
14.4
NO RECORDATION.
NEITHER THIS AGREEMENT NOR ANY MEMORANDUM THEREOF
SHALL BE RECORDED AGAINST THE PROPERTY.
14.5
COUNTERPARTS.
THIS AGREEMENT MAY BE EXECUTED IN ANY NUMBER OF
IDENTICAL COUNTERPARTS ANY OR ALL OF WHICH MAY CONTAIN THE SIGNATURES OF FEWER
THAN ALL OF THE PARTIES BUT ALL OF WHICH SHALL BE TAKEN TOGETHER AS A SINGLE
INSTRUMENT.
14.6
WAIVER.
THE FAILURE BY EITHER PARTY TO ENFORCE AGAINST THE OTHER
ANY TERM OF THIS AGREEMENT SHALL NOT BE DEEMED A WAIVER OF SUCH PARTY'S RIGHT TO
ENFORCE AGAINST THE OTHER PARTY THE SAME OR ANY OTHER TERM IN THE FUTURE.
14.7
SEVERABILITY.
IF ANY ONE OR MORE OF THE PROVISIONS HEREOF SHALL BE
HELD TO BE INVALID, ILLEGAL OR UNENFORCEABLE IN ANY RESPECT, SUCH INVALIDITY,
ILLEGALITY OR UNENFORCEABILITY SHALL NOT AFFECT ANY OTHER PROVISION HEREOF AND
THIS AGREEMENT SHALL BE CONSTRUED AS IF SUCH INVALID, ILLEGAL OR UNENFORCEABLE
PROVISION WERE NOT HEREIN CONTAINED.
14.8
JURY.
THE PARTIES HERETO WAIVE TRIAL BY JURY IN ANY ACTION,
PROCEEDING OR CLAIM BROUGHT BY EITHER OF THE PARTIES AGAINST THE OTHER REGARDING
ANY MATTERS ARISING OUT OF THIS AGREEMENT.
31
14.9
FURTHER ASSURANCES.
EACH PARTY AGREES TO PERFORM, EXECUTE AND
DELIVER, ON AND AFTER THE CLOSING, SUCH FURTHER ACTIONS AND DOCUMENTS AS MAY BE
REASONABLY NECESSARY OR REQUESTED TO MORE FULLY EFFECTUATE THE PURPOSES, TERMS
AND INTENT OF THIS AGREEMENT AND THE CONVEYANCES CONTEMPLATED HEREIN.
14.10
ATTORNEYS' FEES.
IF ANY PARTY HERETO OR THEIR RESPECTIVE SUCCESSORS
OR ASSIGNS FILES SUIT TO ENFORCE THE OBLIGATIONS OF, OR REMEDY AGAINST, ANY
OTHER PARTY TO THIS AGREEMENT, THE PREVAILING PARTY SHALL BE ENTITLED TO RECOVER
FROM THE NON-PREVAILING PARTY THE REASONABLE FEES AND EXPENSES OF ITS ATTORNEYS
AND ITS COURT COSTS.
14.11
CONSTRUCTION.
THE PARTIES ACKNOWLEDGE THAT EACH PARTY AND ITS
COUNSEL HAVE REVIEWED AND REVISED THIS AGREEMENT AND THAT THE NORMAL RULE OF
CONSTRUCTION TO THE EFFECT THAT ANY AMBIGUITIES ARE TO BE RESOLVED AGAINST THE
DRAFTING PARTY SHALL NOT BE EMPLOYED IN THE INTERPRETATION OF THIS AGREEMENT OR
ANY AMENDMENTS OR EXHIBITS HERETO.
THE CAPTIONS PRECEDING THE TEXT OF EACH
SECTION ARE INCLUDED FOR CONVENIENCE OF REFERENCE ONLY AND SHALL BE DISREGARDED
IN THE CONSTRUCTION AND INTERPRETATION OF THIS AGREEMENT.
14.12
NO THIRD-PARTY BENEFICIARIES.
THIS AGREEMENT SHALL BENEFIT ONLY THE
PARTIES HERETO, AND NO OTHER PERSON OR ENTITY SHALL HAVE ANY RIGHTS HEREUNDER.
14.13
AS-IS.
HSRE ACKNOWLEDGES THAT IT HAS HAD THE OPPORTUNITY TO INSPECT
THE PROPERTY AND THAT IT ACCEPTS THE ESP INTERESTS, THE TEXAS INTERESTS AND THE
PROPERTY IN ITS "AS IS" CONDITION, SUBJECT, IN THE CASE OF THE PROPERTY, TO USE,
ORDINARY WEAR AND TEAR, AND NATURAL DETERIORATION, SUBJECT TO THE OTHER TERMS OF
THIS AGREEMENT.
HSRE FURTHER ACKNOWLEDGES THAT, EXCEPT AS EXPRESSLY PROVIDED IN
THIS AGREEMENT OR IN ANY DOCUMENT DELIVERED BY EXTRA SPACE AT CLOSING IN
ACCORDANCE WITH THIS AGREEMENT (COLLECTIVELY "EXTRA SPACE'S CLOSING DOCUMENTS"),
(I) NEITHER EXTRA SPACE NOR ANY AGENT OR REPRESENTATIVE OF SUCH PARTIES HAS
MADE, AND (II) NEITHER EXTRA SPACE NOR ANY SUCH AGENT OR