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remain in full force and effect as long as doing so would not affect the overall purpose or <br /> intent of the Agreement. <br /> 22. WAIVER OF TRIAL BY JURY. THE PARTIES WAIVE TRIAL <br /> BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM BROUGHT <br /> BY ANY PARTY AGAINST ANY OTHER PARTY OR PAR'RIS WITH <br /> RESPECT TO ANY MATTER ARISING UNDER THIS AGREE 'JEN . <br /> ara <br /> 23. TIME IS OF THE ESSENCE. Time of a ess ce in the <br /> performance of this Agreement. /` <br /> 24. MERGER CLAUSE. This A• eem\ t and xhibits thereto set forth <br /> ex <br /> the entire agreement among the Parties, and PI. ' ":e all prior and contemporaneous <br /> negotiations, understandings and a d=ments, writt: 'or oral,among the Parties. <br /> 4, . if <br /> pn <br /> Y¢ <br /> k- <br /> 'ru... <br /> 46 <br /> y <br /> [SIGNATURE PAGE FOLLOWS] <br /> °•A�tea v. <br /> i S P <br /> SCHOOL BOARD/PROPORTIONATE SHARE MITIGATION- — <br /> BEACH CLUB ACQUISITION,LLC AGREEMENT—DRAFT#2-5/14/2015 Page 16 of 22 <br />