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In the event any legal action is commenced to interpret or to enforce the terms of this Agreement or <br />to collect damages as a result of any breach thereof, the Party prevailing in any such action shall be <br />entitled to recover against the Party not prevailing all reasonable attorneys' fees and costs incurred in such <br />action. <br />10.15 Binding Effect <br />This Agreement shall be binding upon and inure to the benefit of the heirs, administrators, <br />executors, successors in interest and assigns of each of the Parties hereto except that there shall be no <br />transfer of any interest by any of the Parties hereto except pursuant to the terms of this Agreement Any <br />reference in this Agreement to a specifically named Party shall be deemed to apply to any successor, heir, <br />administrator, executor or assign of such Party who has acquired an interest in compliance with the terms <br />of this Agreement, or under law. <br />10.16 Parties Not Co-Venturers. <br />Nothing in this Agreement is intended to or does establish the Parties as partners, co-venturers, or <br />principal and agent with one another. <br />10.17 Warranties. <br />The Agency expresses no warranty or representation to the Developer as to fitness or condition of <br />the Property which is the subject of this Agreement for the building or construction to be conducted <br />thereon, except as follows: Agency has made no untrue statements or representations in connection with <br />24 <br />