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<br />: <br /> <br />other than those as to which it is held invalid, shall not be affected thereby, and each provision of <br />this agreement shall be valid and enforced to the fullest extent permitted by law. <br /> <br />6.5 No Waiver. No waiver by either party of any default by the other party in the <br />performance of any provision of this Agreement shall operate as or be construed as a waiver of <br />any future default, whether like or different in character. <br /> <br />6.6 Counterparts. This Agreement may be executed in any number of counterparts, <br />all of which together shall constitute one original Agreement. <br /> <br />6.7 Rule of Construction. The parties hereto acknowledge that they each enter into <br />this Agreement after having had an opportunity for thorough review by, and on advice of, their <br />respective legal counsel. The judicial rule of construction requiring or allowing an instrument to be <br />construed to the detriment of or against the interests of the maker thereof shall not apply to this <br />Agreement. <br /> <br />IN WITNESS WHEREOF, the City and Developer have executed this Inclusionary Housing <br />Agreement as of the day and year written below. <br /> <br />By: <br />Printed Name: David Hennigan <br />Printed Title: President <br />Date: June 15. 2006 <br /> <br /> <br />CONSTRUCTION, INC. <br /> <br />CITY OF SAN LEANDRO <br /> <br />. Jermanis, City Manager <br />Date: G --/6-06' <br /> <br /> <br />-- <br /> <br /> <br />City Clerk <br /> <br />APPROVED AS TO FORM: <br /> <br /> <br />~ <br /> <br />Page 5 of 25 <br />