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Attention: Executive Director <br /> 3.14 Attorneys' Fees and Costs. Should the City or Owner bring any action or <br /> proceeding against the other, and if such action or proceeding is related to the interpretation or <br /> enforcement of this Agreement or in any way relates to or arises due to the existence of this <br /> Agreement, then the prevailing party in that action or proceeding shall be entitled to recover <br /> from the non-prevailing party, in addition to all other relief to which the prevailing party may be <br /> entitled, its actual litigation costs and attorneys' and expert witness fees. The "prevailing party" <br /> shall be as determined by the court in accordance with the provisions of California Code of Civil <br /> Procedure Section 1032. Recoverable litigation costs and attorneys' fees include those incurred <br /> by the prevailing party in the enforcement of any judgment or other judicial order, and during, <br /> the defense of any appeal taken from such underlying judgment or other judicial order. <br /> 3.15 Entire Agreement. This Agreement constitutes the entire agreement of City and <br /> Owner as to the deferral of impact fees and supersedes all previous agreements, oral or written, <br /> on the subject matter of this Agreement. <br /> 3.16 Modification. This Agreement may be amended or modified only by an <br /> agreement in writing signed by each of the patties hereto. <br /> 3.17 Headings. Section headings contained in this Agreement are for convenience <br /> only, and shall not impact the construction or interpretation of any provision. <br /> 3.18 Severability. If any provision or clause of this Agreement or any application of it <br /> to any person, firm, organization, partnership or corporation is held invalid, such invalidity shall <br /> not affect any other provision of this Agreement, and the Agreement shall be construed as if such <br /> provisions or clauses did not exist. <br /> 3.19 Time is of the Essence. Time is of the essence in this Agreement. <br /> 3.20 No Third Party Beneficiaries. This Agreement and the performance of the <br /> City's and Owner's obligations hereunder are for the sole and exclusive benefit of the City and <br /> Owner. No person or entity who or which is not a signatory to this Agreement shall be deemed to <br /> be benefited or intended to be benefited by any provision hereof, and no such person or entity <br /> shall acquire any rights or causes of action against either the City or Owner hereunder as a result <br /> of the City's or Owner's performance or nonperformance of their respective obligations under <br /> this Agreement. <br /> 3.21 Counterparts. This Agreement may be signed by the Parties in different <br /> counterparts and the signature pages combined shall create a single document binding on all <br /> parties. <br /> [Signatures on Following Page] <br /> 1525165.2 <br />