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3.13 Severability. <br />If any term, provision, covenant or condition of this Agreement is held by a <br />court of competent jurisdiction to be invalid, void or unenforceable, the remainder of <br />the provisions shall continue in full force and effect unless the rights and obligations <br />of the Parties have been materially altered or abridged by such invalidation, voiding <br />or unenforceability. <br />3.14 Legal Actions. <br />In the event any legal action is commenced to interpret or to enforce the terms <br />of this Agreement or to collect damages as a result of any breach thereof, the Party <br />prevailing in any such action shall be entitled to recover against the Party not <br />prevailing all reasonable attorney's fees and costs incurred in such action. <br />3.15 Binding Effect. <br />This Agreement shall be binding upon and inure to the benefit of the heirs, <br />administrators, executors, successors in interest and assigns of each of the Parties <br />hereto except that there shall be no transfer of any interest by any of the Parties <br />hereto except pursuant to the terms of this Agreement. Any reference in this <br />Agreement to a specifically named Party shall be deemed to apply to any successor, <br />heir, administrator, executor or assign of such Party who has acquired an interest in <br />compliance with the terms of this Agreement, or under law. <br />3.16 Parties Not Co -Venturers. <br />Nothing in this Agreement is intended to or does establish the Parties as <br />partners, co -venturers, or principal and agent with one another. <br />3.17 Warranties. <br />The Agency expresses no warranty or representation to the Developer as to <br />fitness or condition of the Property which is the subject of this Agreement for the <br />building or construction to be conducted thereon, except as follows: Agency has made <br />no untrue statements or representations in connection with this Agreement, and all <br />items transferred to Developer on or before Closing shall have been and be true, <br />correct and complete copies of what they purport to be. Agency has not failed to <br />state or disclose any material fact in connection with the transaction contemplated by <br />Disposition and Development Page 28 of 30 <br />Agreement - Vanuatu Properties Draft December 4, 1997 <br />