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. <br /> � , <br /> obligations of the Developer hereunder with regard to the Property <br /> when a Certificate of Completion has been issued by the Agency <br /> hereunder, other than any covenants and obligations provided by the <br /> Grant Deed, the Deed of Trust, the Declaration of Affordability <br /> Covenants, and the Declaration of Redevelopment Covenants recorded <br /> against the Property. - <br /> Section 6. 11 . Attornevs ' Fees . If either party hereto <br /> files any action or brings any action or proceeding against the <br /> other arising out of this Agreement, seeks the resolution of <br /> disputes, or is made a party to any action or proceeding brought by <br /> the Escrow Agent, then as between the Developer and the Agency, the <br /> prevailing party shall be entitled to recover as an element of its <br /> costs of suit or resolution of disputes, and not as damages, its <br /> reasonable attorneys ' fees as fixed by the Court or c�ther forum for <br /> resolution of disputes as may be agreed upon by the parties, in <br /> such action or proceeding or in a separate action or proceeding <br /> brought to recover such attorneys' fees. If the Developer is the <br /> Owner, then the Owner' s obligation under this section shall be <br /> limited to available residual receipts (as that term is defined in <br /> the Grant Documents) authorized for release by HUD and non-project <br /> assets . <br /> Section 6. 12 . Effect . This Agreement shall be binding <br /> upon and inure to the benefit of the parties hereto and their <br /> respective heirs, executors, administrators, legal representatives, <br /> successors and assigns . <br /> Section 6. 13. Incorporation of Exhibits . Any exhibit <br /> referenced in this Agreement is incorporated herein by reference <br /> although fully set forth herein word for word. <br /> Section 6 . 14 . Calendar Davs . Any reference in this <br /> Agreement to days, or any time period measured by the number of <br /> days, shall refer to calendar days, unless specifically indicated <br /> otherwise . <br /> ,� <br /> ARTICLE VII <br /> ' ENTIRE AGREEMENT, WAIVERS AND AMENDMENT <br /> Section 7 .01 . Entire AQreement. <br /> � <br /> a. This Agreement shall be executed in five (5) <br /> � duplicate originals each of which is deemed to be an original. <br /> � This Agreement constitutes the entire understanding and agreement <br /> of the parties . <br /> REDW\0006\DOC\013-6 <br /> 44 3/08/OS mvc <br />