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26. Construction. No provision of this Agreement shall be construed by any court or <br />other judicial authority against either Seller or Purchaser by reason of any such party being <br />deemed to have drafted or structured such provision. <br />27. Headings. Headings contained in this Agreement are for convenience of reference <br />only and shall not be considered in the construction hereof. <br />28. Survival of Closing. All representations, warranties, agreements and indemnities <br />contained in this Agreement shall survive the closing. <br />29. Agent and Broker Status. Seller and Purchaser mutually represent that they have not <br />entered into any agreements with brokers or agents whereby fees are payable as a result of this <br />transaction. <br />30. Attorneys' Fees. Each of the parties to this Purchase Agreement will pay its own <br />attorney's fees except that if either party commences an action against the other to enforce any of <br />the terms of this Agreement or because of the breach of the other party of any of the terms <br />hereof, the losing or defaulting party shall pay to the prevailing party reasonable attorneys' fees, <br />costs and expenses incurred in connection with the prosecution or defense of such action. <br />(Signatures on following page) <br />Seller and Purchaser have executed this Agreement as of the day and year first above <br />written, <br />By: <br />Printed Name: <br />Title: <br />SELLER: DC, Inc. <br />Page 8 of 9 <br />loc111\Correspondence \.loci 2012 \Donovan Construction Purchase Agreement - Attorney Reviewed - 12.12.12. doe <br />9 <br />