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based sot 1 upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. This Agreement includes pages 1 through 66 and Attachment Nos. l through 13, which constitute the entire understanding and agreement of the parties, notwithstanding any previous negotiations or agreements between the parties or their predecessors in interest with respect to all or any part of the subject matter hereof. 608. Real Estate Brokerage o ssinn. The Agency and the Developer each represent and warrant to the other that no broker or finder is entitled to any commission or finder's fee in connection with the Developer"s acquisition of the Site from the Agency. The panics agree to defend and hold harmless the other party from any claim to any such commission or fee from any broker, agent or finder with respect to this Agreement which is parable by such party. 609. Attorneys" Fees. In any action between the parties to interpret, enforce, reform, modify, rescind, or otherwise in connection with any of the terms or provisions of this Agreement, the prevailing party in the action shall be entitled, in addition to damages, injunctive relief, or any outer relief to which it might be ntitl ed, reasonable costs and expenses including} without I iml ta tion, litigation costs and reasonable attorneys } fees. 610. Titles and Captions. Titles and captions are for convenience of reference only and do not define, describe or limit the scope or the intent of this Agreement or of any of its terms. Reference to Section numbers are to Sections in this Agreement, unless expressly stated otherwise. 11. Interpretation. As used in this Agreement, masculine, feminine or neuter g n d r and the singular or plural number shall each be deemed to include the others where and when the context so dictates. The word "including" shall be construed as if followed by the words "without limitation."' This Agreement shall be interpreted as though prepared jointly by both parties. 612. No Waiver. A waiver by either party of a breach of any of the covenants, conditions or agreements under this Agreement to be per-formed by the other pay shall not be construed as a waiver of any succeeding breach of the same or other covenants, agreements , restrictions or conditions of this Agreement. 613. Modifications. Any alteration, change or modification of or to this Agreement, in order to become effective, shall be made in writing and in each instance signed on behalf of each part. 14. Severability. if any terra, provision, condition or covenant of this Agreement or its application to any party or circumstances shall be held, to any extent, invalid or unenforceable, the remainder of this Agreement, or the application of the term, provision, condition or covenant to persons or circumstances o th r than those as to whom or which it is held invalid or unenforceable, sh l l not be affected, and shall be valid and enforceable to the fullest extent permitted by law. IO147vl 4/200272 - t