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11 assigns. 23. No Assignment. This Agreement shall be binding on the parties hereto and their respective successors. Neither party may, or shall have the power to, assign this Agreement, and/or any rights and/or obligations hereunder. 24. Counterparts. This Agreement may be executed in any number of counterparts, each of which when executed and delivered shall be deemed to be an original and all of which counterparts taken together shall constitute but one and the same instrument. 25. Defaults and Remedies. In the event of a default on the part of either party under this Agreement which continues for three (3) business days after receipt of written notice from the other party, the following shall apply: 25.1 If the Buyer is the defaulting party, the Seller may, as its sole remedy, terminate this Agreement, whereupon the Earnest Money shall be delivered to Seller as liquidated damages. 25.2 If the Seller is the defaulting party, the Buyer may, as its sole remedy, terminate this Agreement, whereupon the Earnest Money shall be returned to Buyer. Notwithstanding anything to the contrary contained herein, the parties acknowledge and agree that any liability of the parties to the other under the covenants and indemnification contained in 11.7, 12.3, and 15 shall not be limited or affected by the foregoing provisions of this section. 26. Operation Prior to Closing. During the period from the date of Seller’s acceptance of this Agreement to the earlier of the date of actual Closing or termination of the Agreement (the “Executory Period”), the Seller shall execute no contracts, easements, leases or other agreements regarding the Property without the prior written consent of Buyer. Seller will give to Buyer written notice of any citation or other notice which Seller receives, subsequent to the date the Seller signs this Agreement, from any governmental authority concerning any alleged violation of any law, ordinance, code, rule, regulation or order regulating the Property of the use thereof. The Seller shall not take any action, or cause to be recorded against the Real Property, any documents which change the condition of title to the Real Property from that shown in the Title Commitment without the prior written consent of the Buyer. The Seller shall keep in full force and effect all existing insurance policies affecting the Property in the same or greater coverages and amounts during the Executory Period as the Seller is currently maintaining on the Real Property.