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d This Agreement cannot be varied except by written agreement executed by <br />Seller, Purchaser and the City <br />e If any items, terms, or provisions contained in this Agreement are in <br />conflict with any applicable Federal, state, or local laws, this Agreement shall be affected <br />only as to its application to such items, terms, or provisions, and shall in all other respects <br />remain in full force and effect <br />f Nothing contained herein is intended to make, nor shall it ever be <br />construed to make, Seller and Purchaser partners or joint venturers. <br />g The provisions of this Agreement are severable, and if any provision or <br />part hereof or the application thereof to any person or circumstances shall ever be held by <br />any court of competent junsdiction to be invalid or unconstitutional for any reason, the <br />remainder of this Agreement and the application of such provisions or part hereof to other <br />persons or circumstances shall not be affected thereby. <br />h. In the event Seller or Purchaser breaches any of the terms, provisions, <br />covenants, or agreements contained in this Agreement and Seller and Purchaser become <br />involved in litigation with regard to breach hereof, the prevailing party shall be entitled to <br />be paid its reasonable attorneys' fees <br />Purchaser represents and warrants to the City that Purchaser is a Delaware <br />corporation and is in good standing under the laws of the State ofMinnesota The <br />individual executing this Agreement on behalf of Purchaser is duly authorized to execute <br />this Agreement on behalf of Purchaser, <br />1 All capitalized terms used in this Agreement but not defined herein shall <br />have the meanings set forth in the Master Development Agreement <br />IN WITNESS WHEREOF, Seller, Purchaser and City have executed this Agreement in <br />multiple copies, each of which shall be deemed to be an original, as of the date first above <br />rvi itten <br />SELLER: <br />RAMSEY TOWN CENTER LLC <br />a Minnesota limited liability company <br />Telephone: (763) 757-2926 <br />Facsimile. (763) 757-0649 <br />Date. / - <br />1593168342 <br />4559 <br />8 <br />PURCHASER: <br />D R HORTON, INC-MINNESOTA <br />a Delaware corporation <br />Telephone (952) 985-7272 <br />Facsimile: (952) 985-7800 <br />By <br />Neil G. Hansen <br />President <br />Date. /. -/ <br />