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<br /> <br /> 9 <br />6.17 Attorneys' Fees. In any litigation or other action brought to enforce this Agreement or <br />regarding a dispute over terms of the Agreement or the performance of a Party, the prevailing <br />Party in such litigation or action shall be entitled to attorneys' fees and the costs of such litigation <br />from the non-prevailing Party. <br /> <br />6.18 No Third Party Beneficiaries. Except as expressly set forth herein, nothing contained <br />in this Agreement is intended to or shall be deemed to confer upon any person, other than the <br />Parties and their respective successors and assigns, any rights or remedies hereunder. <br /> <br />6.19 Parties Not Co-Venturers; Independent Contractor; No Agency Relationship. <br />Nothing in this Agreement is intended to or shall establish the Parties as partners, co-venturers, <br />or principal and agent with one another. The relationship of Operator and City is and shall <br />remain solely that of parties to a contract, and shall not be construed as a joint venture, equity <br />venture, partnership or any other relationship. City neither undertakes nor assumes any <br />responsibility or duty to Operator (except as expressly provided in this Agreement) or to any <br />third party with respect to the Project. <br /> <br />6.20 No Personal Liability. Notwithstanding anything contained in this Agreement to the <br />contrary, the obligations of City under this Agreement (including any actual or alleged breach or <br />default by City) do not constitute personal obligations of the individual officers or employees of <br />City, and Operator shall not seek recourse against the individual officers or employees of City, or <br />against any of their personal assets for satisfaction of any liability with respect to this <br />Agreement. <br /> <br /> <br />[SIGNATURES ON FOLLOWING PAGE] <br /> <br />DocuSign Envelope ID: FD5B6EFC-4700-4210-9102-207694C552B7