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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 /> 14.8 Time is of the Essence. Time is of the essence in the performance of this <br /> Agreement. <br /> 14.9 Governing Law; Venue. This Agreement shall be construed in <br /> accordance with the laws of the State of California without regard to principles of <br /> conflicts of law. Any action to enforce or interpret this Agreement shall be filed and <br /> heard in the Superior Court of Alameda County, California or the Federal District Court <br /> for the Northern District of California. <br /> 14.10 Attorneys' Fees and Costs. If any legal or administrative action is <br /> brought to interpret or enforce the terms of this Agreement, the prevailing party shall be <br /> entitled to recover all reasonable attorneys' fees and costs incurred in such action. <br /> 14.11 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 /> 14.12 Entire Agreement; Exhibits. This Agreement, together with the DDA and <br /> the other City Documents 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. <br /> 14.13 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 /> 8 <br />