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they have reviewed and agreed upon all of the same with assistance of their respective chosen <br /> counsel. <br /> 33. Prevailing Party Fees and Costs. In the event of any legal action or arbitration <br /> proceeding between the Parties regarding this Contract or the Property, the prevailing party shall be <br /> entitled to payment by the non-prevailing party of its reasonable attorneys' fees and litigation or <br /> arbitration expenses as determined in the course of the proceeding. As used herein, "prevailing <br /> party" means a party recovering all or substantially all of the relief sought by such party, whether as <br /> plaintiff or defendant. <br /> 34. Submission, Effective Date; Time Periods. The submission by Seller to Buyer of <br /> this Contract in an unsigned form shall be deemed to be a submission solely for Buyer's <br /> consideration and review. Such submission shall have no binding force and effect, shall not <br /> constitute an option or an offer, and shall not confer any rights upon either party or impose any <br /> obligations upon either party irrespective of any reliance thereon, change of position or partial <br /> performance, unless and until Buyer and Seller shall have both executed this Contract as required <br /> herein and delivered the same to each other. <br /> "Effective Date" means the last date that the last signatory for either Buyer or Seller <br /> executes this Contract. <br /> If any date set forth in this Contract shall fall on, or any time period set forth in this Contract <br /> shall expire on, a day which is a Saturday, Sunday, federal or state holiday, or other non-business <br /> day, such date shall automatically be extended to, and the expiration of such time period shall <br /> automatically to be extended to, the next day which is not a Saturday, Sunday, federal or state <br /> holiday or other non-business day. The final day of any time period under this Contract or any <br /> deadline under this Contract shall be the specified day or date, and shall include the period of time <br /> through and including such specified day or date. <br /> 35. No Recording. In no event shall this Contract or any memorandum hereof be <br /> recorded by Buyer in any public records, and any such recordation or attempted recordation shall <br /> constitute a breach of this Contract by Buyer. <br /> 36. Exchange of Property. In the event either Buyer or Seller desires to effect a <br /> tax-deferred exchange in connection with the conveyance of the Property, Buyer and Seller agree to <br /> cooperate in effecting such exchange; provided, however, that the exchanging party shall be <br /> responsible for all costs associated with such exchange, and provided further, that the non- <br /> exchanging party shall assume no liability with respect to such exchange. Seller and Buyer shall <br /> execute such additional documentation, at no cost to, and with no liability to be incurred by, the non- <br /> exchanging party,as shall be required to give effect to this provision. <br /> 37. Authori . Each party hereto warrants and represents that each person executing this <br /> Contract on behalf of a party warrants and represents has been fully authorized to execute this <br /> Contract on behalf of such party in the capacity indicated and that such party is bound by the <br /> signature of such representative. <br /> Page 13 of 27 <br /> Attachment number 1 \n <br /> G-4 Page 144 <br />