Laserfiche WebLink
document executed in connection with this Development Agreement shall be construed as <br />making City and Developer joint venturers or partners. <br />9.5. Severability <br />If any terms or provision(s) of this Development Agreement or the application of any <br />term(s)or provision(s) of this Development Agreement to a particular situation, is (are) held by a <br />court of competent jurisdiction to be invalid, void or unenforceable, the remainder of this <br />Development Agreement or the application of this Development Agreement to other situations, <br />shall remain in full force and effect unless amended or modified by mutual consent of the <br />Parties. Notwithstanding the foregoing, if any material provision of this Development <br />Agreement, or the application of such provision to a particular situation, is held to be invalid, <br />void or unenforceable, Developer (in its sole and absolute discretion) may terminate this <br />Development Agreement by providing written notice of such termination to City. <br />9.6. Section Headings <br />Article and Section headings in this Development Agreement are for convenience only <br />and are not intended to be used in interpreting or construing the terms, covenants or conditions of <br />this Development Agreement, <br />9.7. Construction of Agreement <br />This Development Agreement has been reviewed and revised by legal counsel for both <br />Developer and City, and no presumption or rule that ambiguities shall be construed against the <br />drafting Party shall apply to the interpretation or enforcement of this Development Agreement. <br />9.8. Entire Agreement <br />This Development Agreement is executed in (___) duplicate originals, each of which <br />is deemed to be an original. This Development Agreement consists of thirty -four (34) pages <br />including the Recitals, and three (3) exhibits and one (1) appendix, attached hereto and <br />incorporated by reference herein, which, together with the Project Approvals, constitute the <br />entire understanding and agreement of the Parties and supersedes all negotiations or previous <br />agreements between the Parties with respect to all or any part of the subject matter hereof. The <br />exhibits and appendices are as follows: <br />Exhibit A Legal Description of the Property <br />Exhibit B Map of the Property <br />Exhibit C Impact Fees <br />Appendix I Definitions <br />24 <br />