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i 6.4 Severability. If any provision of this Agreement, or application therefore to any person or circumstance, shall to any extent be determined to be invalid, then such provision shall be modified, if possible, to fulfill the intent of the parties as reflected in the original provision. The remainder of this Agreement, or the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby, and each provision of this agreement shall be valid and enforced to the fullest extent permitted by law. 6.5 No Waiver. No waiver by either party of any default by the other party in the performance of any provision of this Agreement shall operate as or be construed as a waiver of any future default, whether like or different in character. 6.6 Counterparts. This Agreement may be executed in any number of counterparts, all of which together shall constitute one original Agreement. 6.7 Rule of Construction. The parties hereto acknowledge that they each enter into this Agreement after having had an opportunity for thorough review by, and on advice of, their respective legal counsel. The judicial rule of construction requiring or allowing an instrument to be construed to the detriment of or against the interests of the maker thereof shall not apply to this Agreement. IN WITNESS WHEREOF, the City and Developer have executed this Inclusionary Housing Agreement as of the day and year written below. DEVELOPER I C"'a . k:~ ~Elll1es 1.. LC \lJf\S.+\ ,NQ,\bN ~\~'-^ II; , BY~~ Printed Name: ~.....~ EV~ S Title: ce~ 'P ~NS. mp186-iC2. Date: iM 3 CITY OF SAN LEANDRO ~,~, ,~,,~ . ~~,...",,,-'-~-" ,~- -"'- ,'." - ~~~-<------- me: John J. Jermanis It I . /Citv Manaqer Date: /-'--~ /- 06 786523-1 5