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amount of money which may become due to Owner or its successor or for any <br />obligation of City under this Agreement. <br />11.5 Headings Construction. The headings of the sections and paragraphs of <br />this Agreement are for convenience only shall not be used to interpret this <br />Agreement. The language of this Agreement shall be construed as a whole according <br />to its fair meaning and not strictly for or against any Party. <br />11.9 Time is of the Essence. Time is of the essence in the performance of this <br />Agreement. <br />11.10 Governing Law. This Agreement shall be construed in accordance with <br />the laws of the State of California without regard to principles of conflicts of law. <br />11.11 Attorneys' Fees and Costs_ If any legal or administrative action is brought <br />to interpret or enforce the terms of this Agreement, the prevailing party shall be entitled <br />to recover all reasonable attorneys' fees and costs incurred in such action. <br />11.12 Severability If any provision of this Agreement is held invalid, illegal, or <br />unenforceable by a court of competent jurisdiction, the validity, legality, and <br />enforceability of the remaining provisions shall not be affected or impaired thereby. <br />11.13 Entire Agreement, Exhibits. This Agreement, together with the OPA, the <br />Note and the Deed of Trust contains the entire agreement of Parties with respect to the <br />subject matter hereof, and supersedes all prior oral or written agreements between the <br />Parties with respect thereto. Exhibits A through D, attached hereto are incorporated <br />herein by this reference. <br />11.14 Counterparts This Agreement may be executed in multiple counterparts, <br />each of which shall be an original and all of which together shall constitute one <br />agreement. <br />SIGNATURES ON FOLLOWING PAGE. <br />1865088.5 18 <br />