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<br /> 29 <br /> <br /> <br />transmission shall be deemed received upon receipt of sender of electronic confirmation of <br />delivery, provided that a “hard” copy is delivered as provided above. <br />9.4. Project as a Private Undertaking; No Joint Venture or Partnership.The Project <br />constitutes private development, neither City nor Developer is acting as the agent of the other in <br />any respect hereunder, and City and Developer are independent entities with respect to the terms <br />and conditions of this Agreement. Nothing contained in this Development Agreement or in any <br />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.