Agenda - Council - 11/12/2013 - Laserfiche WebLink

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c. No Waiver. Failure of a party to insist in any one or more instances upon the performance of any of the covenants, agreements, and/or conditions of this Agreement, or to exercise any right or privilege herein conferred shall not be construed as a waiver of any such covenant or condition. d. Amendment by Written Agreement. This Agreement cannot be varied except by written agreement executed by Master Developer, Secondary Developer and the City. e. Conflict with Applicable Laws. If any items, terms, or provisions contained in this Agreement are in conflict with any applicable Federal, state, or local laws, this Agreement shall be affected only as to its application to such items, terms, or provisions, and shall in all other respects remain in full force and effect. f. No Partner or Joint Venture. Nothing contained herein is intended to make, nor shall it ever be construed to make, Master Developer and Secondary Developer partners or joint venturers. g. Provisions Severable. The provisions of this Agreement are severable, and if any provision or part hereof or the application thereof to any person or circumstances shall ever be held by any court of competent jurisdiction to be invalid or unconstitutional for any reason, the remainder of this Agreement and the application of such provisions or part hereof to other persons or circumstances shall not be affected thereby. h. Payment of Attorney's Fees. In the event Master Developer or Secondary Developer breaches any of the teuiis, provisions, covenants, or agreements contained in this Agreement and Master Developer and Secondary Developer become involved in litigation with regard to breach hereof, the prevailing party shall be entitled to be paid its reasonable attorneys' fees. i. Meanings of Terms. All capitalized terms used in this Agreement but not defined herein shall have the meanings set forth in the Master Development Agreement. signature pages follow 10