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12. MISCELLANEOUS. <br /> A. Joint and Several Obligation. If more than one entity is designated in, or <br /> signatory to, this Agreement, the obligations hereunder imposed upon the District <br /> shall be joint and several; and the term the District as used herein shall refer to <br /> each and every of said signatory parties, severally as well as jointly. <br /> B. Agreements. This instrument contains all of the agreements and <br /> conditions entered into and made by and between the parties with respect to the <br /> property and may not be modified orally, or in any manner, other than by an <br /> agreement in writing signed by all the parties hereto or their respective <br /> successors -in interest. <br /> C. Conditions of Notice. Whenever, in this Agreement the approval or <br /> consent of a party is required, such approval or consent must be in advance, <br /> shall be in writing, and shall be executed by a person having the express <br /> • authority to grant such approval or consent unless the terms of this Agreement <br /> specifically allow an oral approval or consent of a party. <br /> D. Time of Essence. Time is, and shall be, of the essence for each term and <br /> provision of this Agreement. <br /> E. Terms, Conditions and Covenants. Each and every term, condition, <br /> covenant and provision of this Agreement is and shall be deemed to be a <br /> material part of the consideration for the City's entry into this Agreement and any <br /> breach hereof by the District shall be deemed to be a material breach. Each <br /> term and provision of this Agreement performable by the District shall be <br /> construed to be both a covenant and a condition. <br /> F. Headings. The headings of the several paragraphs and sections of this <br /> Agreement are inserted only as a matter of convenience and for reference and in <br /> no way define, limit or describe the scope or intent of any provisions of this <br /> Agreement and shall not be construed to affect in any manner the terms and <br /> provisions hereof or the interpretation or construction thereof. <br /> G. Severability. In the event any covenant, condition or provision herein <br /> contained is held to be invalid by a court of competent jurisdiction, the invalidity <br /> of any such covenant, condition or provision shall in no way affect any other <br /> covenant, condition or provision herein contained, provided the invalidity of any <br /> such covenant, condition or provision does not materially prejudice either the City <br /> or the District in its respective rights and obligations contained in the valid <br /> covenants, conditions and provisions of this Agreement. <br /> H. Incorporation of Exhibits. All exhibits and addenda referred to herein, and <br /> any exhibits or schedules which may from time to time be referred to in any duly <br /> executed amendment hereto, are by such reference incorporated herein and <br /> shall be deemed a part of this Agreement as if set forth fully herein. <br /> 5 <br />