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<br />controversy arising under or in relation to this Agreement, the Predevelopment Note or <br />the Assignment Agreement shall be litigated exclusively in courts having jurisdiction in <br />the Property Jurisdiction. Borrower irrevocably consents to service, jurisdiction, and <br />venue of such courts for any such litigation and waives any other venue to which it <br />might be entitled by virtue of domicile, habitual residence or otherwise. <br /> <br />5.12 Attorneys' Fees. In the event any legal action is commenced to interpret or <br />to enforce the terms of this Agreement or to collect damages as a result of any breach <br />thereof, the Party prevailing in any such action shall be entitled to recover against the <br />other Party all reasonable attorneys' fees and costs incurred in such action. <br /> <br />5.13 Severability. If any term of this Agreement is held by a court of competent <br />jurisdiction to be invalid, void or unenforceable, the remainder of the provisions shall <br />continue in full force and effect unless the rights and obligations of the Parties are <br />materially altered or abridged by such invalidati(~m, voiding or unenforceability. <br /> <br />5.14 Entire Aqreement; Exhibits. This Agreement, together with the <br />Predevelopment Note, the Assignment Agreement, and the additional documents <br />referenced herein contains the entire agreement between the Parties with respect to <br />the subject matter hereof, and supersedes all prior oral or written agreements between <br />the Parties with respect thereto. Exhibits A through 0 attached hereto are incorporated <br />herein by this reference. <br /> <br />5.15 Counterparts. This Agreement may be executed in multiple counterparts, <br />each of which shall be an original and all of which together shall constitute one and the <br />same instrument. <br /> <br />5.16 Aqency Status. Borrower recognizes and agrees that Agency is not a <br />commercial lending institution, but a public agency exercising its authority to protect the <br />public health, safety and welfare. Any duties or obligations which a commercial lending <br />institution may have to Borrower shall not apply to this transaction except as set forth <br />herein or in the Predevelopment Note or as otherwise required by law. <br /> <br />809163-1 <br /> <br />11 <br />