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DAn <br />D <br />5.20 Severability. If any term of this Declaration is held in a final di sia <br />court of competent jurisdiction to be invalid, then the remaining terms shall continue in full force <br />unless the rights and obligations of the Lessees have been materially altered by such holding of <br />invalidity. <br />5.21 Legal Actions. Without limiting Section 5.14 above, if any legal action is <br />commenced to interpret or to enforce the terms of this Declaration or to collect damages as a <br />result of any breach of this Declaration, then the Lessee prevailing in any such action shall be <br />entitled to recover against the Lessee not prevailing all reasonable attorneys' fees and costs <br />incurred in such action (and any subsequent action or proceeding to enforce any judgment <br />entered pursuant to an action on this Declaration). <br />5.22 No Partnership; Joint Venture or Principal-Agent Relationship. Neither anything <br />in this Declaration nor any acts of the Lessees shall be deemed by any Lessee, or by any third <br />Person, to create the relationship of principal and agent, or of partnership, or of joint venture, or <br />of any association between the Lessees. <br />5.23 Declaration for Exclusive Benefit of the Lessees. Except for provisions expressly <br />stated to be for the benefit of a Mortgagee, the provisions of this Declaration are for the <br />exclusive benefit of the Lessees and successors and assigns, and not for the benefit of, nor give <br />rise to any claim or cause of action by, any third Person. <br />5.24 Estoppel Certificate. Within ten (10) days after a written request of a Lessee, the <br />other Lessee(s) shall, issue to such requesting Lessee, or to any Mortgagee, or to any prospective <br />purchaser or prospective Mortgagee specified by such requesting Lessee, or to any other Person <br />reasonably designated by the requesting Lessee, an estoppel certificate stating: (a) whether the <br />Lessee to whom the request has been directed knows of any default under this Declaration and, if <br />there are known defaults, specifying the nature thereof; (b) whether to such Lessee's knowledge <br />this Declaration has been modified or amended in any way (or if it has, then stating the nature <br />thereof); and (c) that to the Lessee's knowledge this Declaration as of that date is in full force and <br />effect or, if not, so stating. <br />5.25 No Dedication. Nothing contained in this Declaration shall be deemed to create <br />or result in a dedication of any portion of the Lessee Parcels for public use or to create any rights <br />in the general public. <br />5.26 Time of Essence. Time is of the essence with respect to the performance of each <br />of the covenants and agreements contained in this Declaration. <br />5.27 Entire Understanding of the Lessees. This Declaration and the Project Rules (if <br />created at a future date) constitute the entire understanding and agreement of the Lessees with <br />respect to the Easements and the rights and responsibilities associated with the Lessee Parcels. <br />To the extent of any conflict between the Leases and this Declaration, the Leases shall control. <br />5.28 Multiple Originals; Counterparts. This Declaration may be executed in multiple <br />originals, each of which is deemed to be an original, and may be signed in counterparts. <br />29 <br />