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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. <br /> 29 <br />