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<br />service; (iii) on the date sent by electronic facsimile; or (iv) on <br />the date five (5) working days after deposit in the United States <br />Mail, certified or registered mail, with postage prepaid. Notices <br />shall be sent to the addresses listed in Exhibit "B". Any party may <br />change its address for delivery of notice by delivering written <br />notice of such change to the other party in compliance with this <br />section. <br /> Section 12. Captions. The captions to sections of <br />this Agreement are for convenience only and are not part of this <br />Agreement. <br /> Section 13. Severability. <br /> <br /> If any portion of this Agreement is declared by a court of <br />competent jurisdiction to be invalid or unenforceable, such portion <br />shall be deemed severed from this Agreement and the remaining parts <br />shall remain in full force and effect as though such invalid or <br />unenforceable provision had not been a part of this Agreement. <br /> Section 14. No Third Party Beneficiaries. The parties <br />do not intend the benefits of this Agreement to inure to any third <br />party, nor shall any part of this Agreement be so construed. <br /> Section 15. Discretionary Authoritv Reserved. This <br />Agreement shall not be interpreted to require the Agency, the City <br />or any other agency of the City to exercise its discretion with <br />respect to the Project in any predetermined manner, nor to require <br />the Agency or the City to approve the Project, or any part thereof, <br />or any related undertakings. <br /> Section 16. No Joint Venture or Partnership. Nothing <br />contained in this Agreement shall create or be deemed to create any <br />form of joint venture, partnership or be deemed to create any form <br />of association of any kind or nature between the Agency (or the <br />City) and the Developer. <br /> Section 17. Hold Harmless and Indemnification. The <br />Developer hereby agrees to indemnify, defend and hold harmless the <br />Agency and the City, and their respective officers, employees, <br />agents and consultants from and against any and all actions, suits, <br />proceedings, claims, demands, losses, costs, expenses and <br />judgments, including legal costs and attorneys fees arising <br />therefrom, or any injury of any negligent or intentional act or <br /> 6 <br /> . <br />