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conditions of this Agreement, or to exercise any right or privilege herein conferred shall not be <br />construed as a waiver of any such covenant or condition. This Agreement cannot be varied <br />except by written agreement executed by Master Developer, Secondary Developer and the City. <br />If any items, terms, or provisions contained in this Agreement are in conflict with any applicable <br />federal, state, or local laws, this Agreement shall be affected only as to its application to such <br />items, terms, or provisions, and shall in all other respects remain in full force and effect. <br />Nothing contained herein is intended to make, nor shall it ever be construed to make, Master <br />Developer and Secondary Developer partners or joint venturers. The provisions of this <br />Agreement are severable, and if any provision or part hereof or the application thereof to any <br />person or circumstances shall ever be held by any court of competent jurisdiction to be invalid or <br />unconstitutional for any reason, the remainder of this Agreement and the application of such <br />provisions or part hereof to other persons or circumstances shall not be affected thereby. In the <br />event Master Developer or Secondary Developer breaches any of the terms, provisions, <br />covenants, or agreements contained in this Agreement and become involved in litigation with <br />regard to breach hereof, the prevailing party shall be entitled to be paid its reasonable attorneys' <br />fees. <br />signature pages follow <br />14 <br />