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apply to any successor, heir, administrator, executor or assign of such Party who has acquired an <br /> interest in compliance with the terms 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- <br /> venturers, or principal and agent with one another. <br /> 10.17 City as Third Party Beneficianm. <br /> The City shall be a third party beneficiary of this Agreement. Except for the City, <br /> there shall be no third party beneficiaries of this Agreement. <br /> 10.18 Time is of the Essence. <br /> In all matters under this Agreement, the Parties agree that time is of the essence. <br /> 10.19 Counterparts. <br /> Provided that the written approval of the Executive Director is first obtained, any <br /> Project Document, other than the Developer Note, may be executed in counterparts, all of which <br /> counterparts, taken together, shall be deemed to be one and the same document. <br /> 10.20 Complete Understanding of the Parties. <br /> This Agreement contains the entire agreement between the Agency and the <br /> Developer with respect to the Property and concerning the development thereof, and all prior <br /> negotiations, understandings and agreements with respect to such matters (including without <br /> limitation the February Agreement) are superseded by this Agreement and shall hereafter be of no <br /> force and effect. No modification of this Agreement (including without limitation waivers of rights <br /> and conditions) shall be effective unless in writing and signed by the party against whom <br /> enforcement of such modification is sought and then only in the specific instance and for the specific <br /> purpose given. This Agreement is executed in three (3) duplicate originals, each of which is deemed <br /> to be an original. This Agreement includes page 1 through 40 and Exhibits A through K, which <br /> constitutes the entire understanding and agreement of the parties. <br /> This Agreement integrates all of the terms and conditions mentioned herein or <br /> incidental hereto, an supersedes all negotiations or previous agreements between the parties or their <br /> predecessors in interest with respect to all or any part of the subject matter hereof. <br /> All waivers of the provisions of this Agreement must be in writing by the appropriate <br /> authorities of the Agency and the Developer, and all amendments hereto must be in writing by the <br /> appropriate authorities of the Agency and the Developer. <br /> 39 <br /> DOCS00746041 v4\24258.0002 <br />