Page 22 - New Empire Affinitas Life Senior Housing Division

according to the Laws of the State of New York without regard to its conflicts of law rules.

c) Pronouns, Captions and Capitalized Terms. In any place in this Agreement where the context may require
it, feminine, masculine, or neuter pronouns shall be substituted for those of any other gender, the plural for the
singular, and the singular for the plural. The captions and headings contained in this Agreement are inserted
only as a matter of convenience and in no way define, interpret, limit or extend the scope of this Agreement
or the intent of any provision thereof. As used herein, the word «person» shall include the individuals,
corporations, partnerships and other entities of any type. In this Agreement, the use of any gender shall be
applicable to all genders, and the singular shall include the plural, and the plural shall include the singular.
Capitalized letters that are not herein defined shall have the same meaning and intent as typically ascribed to
such nomenclature in the world of business.

d) Severability. If any provision of this Agreement is determined by a court of competent jurisdiction
to require the Parties to perform or to fail to perform an act which is in violation of applicable law, this
Agreement shall be limited or modified in its application to the minimum extent necessary to avoid a violation
of law, and, as so limited or modified, this Agreement shall be enforceable in accordance with its terms.

e) Survival of Terms of Agreement. Notwithstanding anything contained herein to the contrary, this Agreement
shall be binding upon and inure to the benefit of the Parties hereto, their respective heirs, successors, assigns
and personal representatives, and all of the terms and provisions of this Agreement that by their context are to
survive any event or action contemplated hereunder or which represent continuing obligations of the parties,
shall, in fact, survive all matters and events contemplated hereunder.

f) Waivers. No delay or omission by any party hereto to exercise any right or power occurring upon any
noncompliance or failure of performance by the other Party under the provisions of this Agreement shall
impair any such right or power or be construed to be a waiver thereof. A waiver by any Party hereto of
any of the terms, covenants, conditions or agreements hereof to be performed by the other Party shall not
be construed to be a waiver of any succeeding breach thereof or of any other term, covenant, condition or
agreement herein contained. The rights and remedies provided by this Agreement are cumulative and the use
of any one right or remedy by any Party shall not preclude or waive the right to use any or all other remedies.
Said rights and remedies are given in addition to any other rights the Parties may have by law, statute,
ordinance or otherwise.

g) Notices. Any notice, demand, or communication required or permitted to be given by any provision of this
Agreement shall be deemed to have been sufficiently given or served for all purposes if delivered personally
to the Party or to an executive officer of the Party to whom the same is directed or, if sent by registered or
certified mail, postage and charges prepaid, addressed to the Parties’ current address as provided to the other
Party. Except as otherwise provided herein, any such notice shall be deemed to be given three business days
after the date on which the same was deposited in a regularly maintained receptacle for the deposit of United
State mail, addressed and sent as aforesaid.

Re-LIFE-Ment: Reinventing Past Notions of Retirement
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