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5.6 No Waiver. No failure to enforce or delay in enforcing or exercising any right or <br />remedy available under this Agreement shall impair the exercise of such right or remedy or the <br />exercise of a similar right or remedy on a subsequent occasion. <br />5.7 Severability. Should any provision of this Agreement be found invalid by a court or <br />other body of competent jurisdiction, said invalidity or ineffectiveness shall not affect the validity of <br />the remaining provisions which shall remain in force to the maximum extent possible. <br />5.8 Titles and Headings. The titles and headings in this Agreement are for convenience <br />only and shall not be construed to affect the meaning or construction of any provision of this <br />Agreement. <br />5.9 Governing Law. This Agreement shall be governed by and construed in accordance <br />with the laws of the State of California. <br />5.10 Attorneys' Fees. The prevailing parry shall be entitled to receive the amount of its <br />legal expenses, including reasonable attorneys' fees, expert legal fees and other legal costs and <br />expenses, in the event of any legal action brought under or to enforce the provisions of this <br />Agreement. <br />5.11 Signs. During the construction period, Borrower shall place signs on the property <br />stating the HOME Program is providing financing in conformance with the City's sign ordinance. <br />5.12 Entire Agreement. This Agreement, together with Exhibits A through D attached <br />hereto and incorporated herein by reference, and the agreements referenced herein constitutes the <br />entire agreement between the parties with respect to the subject matter hereof, and supersedes all <br />prior oral or written agreements with respect thereto. <br />5.13 No Third Party Beneficiaries. Nothing contained in this Agreement is intended to or <br />shall be deemed to confer upon any person, other than the parties and their respective successors and <br />assigns, any rights or remedies hereunder. <br />5.14 Parties Not Co -Venturers. Nothing in this Agreement is intended to or shall <br />establish the parties as partners, co -venturers, or principal and agent with one another. <br />5.15 Counterparts. This Agreement may be executed in counterparts, each of which shall <br />be an original and all of which taken together shall constitute one instrument. <br />SIGNATURES ON FOLLOWING PAGE(S). <br />2220130.1 Page 17 <br />