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7 <br /> 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'B' S WITH <br /> RESPECT TO ANY MATTER ARISING UNDER THIS AGREEMEN <br /> r ''',4,,,, : . <br /> `aL, <br /> 23. TIME IS OF THE ESSENCE. Time '&,,. of • e ess,- ce in the <br /> performance of this Agreement. ,• <br /> ,A...4, ,�,fS 4`• <br /> \ <br /> 24. MERGER CLAUSE. This A• .eem t and"WExhibits thereto set forth <br /> 1, <br /> the entire agreement among the Parties, and i. t-'< ''- s all prior and contemporaneous <br /> negotiations, understandings and agr--ments,writt°'or oral, among the Parties. <br /> X44, <br /> 41 S`. ATU PAGE FOLLOWS] <br /> A- 3.. <br /> �r2 ,i:% ,%iii✓i« <br /> y, <br /> SCHOOL BOARD/PROPORTIONATE SHARE MITIGATION- — <br /> SUNNY ISLES PROPERTY VENTURE,LLC AGREEMENT—DRAFT#2—5/14/15 Page 16 of 22 <br />