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17 <br /> into this Agreement and the agreements or instruments referred to herein, to <br /> execute them on behalf of the party indicated on the signature page thereof, and to <br /> perform the obligations hereunder and thereunder, (2) such party is acting on its <br /> own behalf and on behalf of its members, successors and assigns, (3) this <br /> Agreement and the other agreements referenced herein are the valid and binding <br /> obligations of such party, enforceable against it in accordance with their terms, (4) <br /> entering into this Agreement and the other agreements referenced herein does not <br /> conflict with any other agreements entered into by either party, and (5) the <br /> execution, delivery and performance of this Agreement has been duly and validly <br /> authorized by all necessary corporate or governmental action on its part. <br /> J. Exhibit List. The following exhibits are hereby incorporated by reference: <br /> 15 <br />