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and Exhibits hereto. This Agreement has been fully negotiated at arm's length between the signatories hereto, and after advice by counsel and other representatives chosen by such signatories, and such signatories are fully informed with respect thereto; no such signatory will be deemed the scrivener of this Agreement; and, based on the foregoing, the provisions of this Agreement and the Exhibits hereto will be construed as a whole according to their common meaning and not strictly for or against any party. 5.4.2 Whenever required by the context of this Agreement, (i) the singular will include the plural, and vice versa, and the masculine will include the feminine and neuter genders, and vice versa and (ii) use of the words "including ", "such as ", or words of similar import, when following any general term, statement or matter will not be construed to limit such statement, term or matter to specific items, whether or not language of non - limitation, such as "without limitation ", or "but not limited to ", are used with reference thereto, but rather will be deemed to refer to all other items or matters that could reasonably fall within the broadest scope of such statement, terms or matter. 5.4.3 The captions preceding the text of each article and section are included only for convenience of reference. Captions will be disregarded in the construction and interpretation of this Agreement. Capitalized terms are also selected only for convenience of reference and do not necessarily have any connection to the meaning that might otherwise be attached to such term in a context outside of this Agreement. 5.4.4 Invalidation of any of the provisions contained in this Agreement, or of the application thereof to any person by judgment or court order will in no way affect any of the other provisions hereof or the application thereof to any other person and the same will remain in full force and effect. 5.4.5 Except as may be specifically provided herein, this Agreement may be amended by, and only by, a written agreement signed by all of the then current owners of the Lakewood Property and the Emerald Property and will be effective only when such written agreement is recorded. Each party may consider, approve or disapprove any proposed amendment to this Agreement in its sole and absolute discretion without regard to reasonableness or timeliness, unless otherwise expressly provided herein. The parties hereto agree that if any of the easement areas shown on the site plans attached hereto as Exhibits "C," and "D" are surveyed by an Ohio registered and licensed land surveyor, the parties will execute and deliver, each to the other, an amendment to this Agreement in recordable form that adds to the applicable exhibit the metes and bounds legal description of such easement area. 5.4.6 This Agreement may be executed in several counterparts, each of which will be deemed an original. The signatures to this Agreement may be executed and notarized on separate pages, and when attached to this Agreement will constitute one complete document. 5.4.7 The words "Emerald" and "Lakewood" as used herein will mean only the owner for the time being of the Emerald Property and Lakewood Property, respectively, and owner and each succeeding owner will be liable hereunder only during the period of its respective ownership. Active 29774149vg 999900.944295