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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 three (3) 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 (I) 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 1 Definitions <br /> 24 <br />