UNDER APPLICABLE LAW, SUCH PROVISION
SHALL BE INEFFECTIVE ONLY TO THE EXTENT OF SUCH PROHIBITION OR INVALIDITY,
WITHOUT INVALIDATING THE REMAINDER OF THIS AGREEMENT.
(I)
COUNTERPARTS.
THIS AGREEMENT MAY BE
EXECUTED SIMULTANEOUSLY IN TWO OR MORE COUNTERPARTS (INCLUDING BY MEANS OF
TELECOPIED SIGNATURE PAGES), ANY ONE OF WHICH NEED NOT CONTAIN THE SIGNATURES OF
MORE THAN ONE PARTY, BUT ALL SUCH COUNTERPARTS TAKEN TOGETHER SHALL CONSTITUTE
ONE AND THE SAME AGREEMENT.
(J)
DESCRIPTIVE HEADINGS.
THE DESCRIPTIVE
HEADINGS OF THIS AGREEMENT ARE INSERTED FOR CONVENIENCE ONLY AND DO NOT
CONSTITUTE A SUBSTANTIVE PART OF THIS AGREEMENT.
14
WHENEVER REQUIRED BY THE CONTEXT, ANY PRONOUN USED IN THIS AGREEMENT SHALL
INCLUDE THE CORRESPONDING MASCULINE, FEMININE OR NEUTER FORMS, AND THE SINGULAR
FORMS OF NOUNS, PRONOUNS, AND VERBS SHALL INCLUDE THE PLURAL AND VICE VERSA.
REFERENCE TO ANY AGREEMENT, DOCUMENT, CERTIFICATE, OR INSTRUMENT MEANS SUCH
AGREEMENT, DOCUMENT, CERTIFICATE OR INSTRUMENT AS THE SAME IS AMENDED, WAIVED OR
OTHERWISE MODIFIED FROM TIME TO TIME IN ACCORDANCE WITH THE TERMS THEREOF AND,
IF APPLICABLE, HEREOF.
EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT, WORDS
SUCH AS "HEREIN," "HEREUNDER," "HEREOF" AND THE LIKE SHALL BE DEEMED TO REFER TO
THIS AGREEMENT AS A WHOLE AND NOT TO ANY PARTICULAR DOCUMENT OR ARTICLE,
SECTION, PARAGRAPH OR OTHER PORTION OF A DOCUMENT.
THE USE OF THE WORDS
"INCLUDE" OR "INCLUDING" IN THIS AGREEMENT SHALL BE BY WAY OF EXAMPLE RATHER
THAN BY LIMITATION.
THE USE OF THE WORDS "OR," "EITHER" OR "ANY" SHALL NOT BE
EXCLUSIVE.
(K)
GOVERNING LAW.
ALL ISSUES AND QUESTIONS
CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEMENT OF THIS
AGREEMENT AND THE EXHIBITS AND SCHEDULES HERETO SHALL BE GOVERNED BY, AND
CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF ILLINOIS, WITHOUT GIVING
EFFECT TO ANY CHOICE OF LAW OR CONFLICT OF LAW RULES OR PROVISIONS (WHETHER OF
THE STATE OF ILLINOIS OR ANY OTHER JURISDICTION) THAT WOULD CAUSE THE
APPLICATION OF THE LAWS OF ANY JURISDICTION OTHER THAN THE STATE OF ILLINOIS.
(L)
NOTICES.
ALL NOTICES, DEMANDS OR OTHER
COMMUNICATIONS TO BE GIVEN OR DELIVERED UNDER OR BY REASON OF THE PROVISIONS OF
THIS AGREEMENT SHALL BE IN WRITING AND SHALL BE DEEMED TO HAVE BEEN GIVEN WHEN
DELIVERED PERSONALLY TO THE RECIPIENT, TELECOPIED TO THE RECIPIENT (WITH HARD
COPY SENT BY OVERNIGHT COURIER IN THE MANNER PROVIDED HEREUNDER) IF SENT PRIOR
TO 4:00 P.M. CHICAGO TIME ON A BUSINESS DAY (AND OTHERWISE, ON THE IMMEDIATELY
SUCCEEDING BUSINESS DAY), ONE BUSINESS DAY AFTER BEING SENT TO THE RECIPIENT BY
REPUTABLE OVERNIGHT COURIER SERVICE (CHARGES PREPAID) OR THREE BUSINESS DAYS
AFTER BEING MAILED TO THE RECIPIENT BY CERTIFIED OR REGISTERED MAIL, RETURN
RECEIPT REQUESTED AND POSTAGE PREPAID.
SUCH NOTICES, DEMANDS AND OTHER
COMMUNICATIONS SHALL BE SENT TO EACH INVESTOR AT THE ADDRESS INDICATED ON THE
SCHEDULE OF INVESTORS AND TO THE COMPANY AT THE ADDRESS INDICATED BELOW:
Affordable Residential Communities, Inc.
7887 East Belleview Avenue, Suite 200
Englewood, CO 80111
Attn:
Larry D. Willard
Telecopy No.: (303) 749-3118
with a copy to:
Scott L.