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<br />subj ect matter hereof and supersedes all prior agreements and <br />understandings, whether oral or written, between the parties with <br />respect to the matters contained in this Amendment No. 1 and the <br />DDA. Any waiver, modification, consent or acquiescence with <br />respect to any provision of this Amendment No. 1 shall be set forth <br />in writing and duly executed by or on behalf of the party to be <br />bound thereby. No waiver by any party of any breach hereunder <br />shall be deemed to be a waiver of any other or subsequent breach. <br /> <br />b. The Developer and the Agency agree to execute such <br />additional documents and take such additional actions which are <br />consistent with, and as may be reasonable and necessary, to carry <br />out the intent of this Amendment No.1. <br /> <br />c. This Amendment No. 1 may be simultaneously executed <br />in several counterparts, each of which shall be an original, and <br />all of which shall constitute but one in the same instrument. <br /> <br />d. Each individual entity executing this Amendment No. <br />1 represents and warrants that he, she or it has the capacity set <br />forth in the signature pages hereof with full power and authority <br />to bind the party on whose behalf he, she or it is executing this <br />Amendment No.1 to the terms hereof. <br /> <br />e. The making, execution and delivery of this Amendment <br />No. 1 by the parties hereto has been induced by no representations, <br />statements, warranties or agreements other than those expressly set <br />forth herein. <br /> <br />f. Wherever possible, each prov~s~on of this Amendment <br />No. 1 shall be interpreted in such a manner as to be valid under <br />applicable law, but, if any provisions of this Amendment No. 1 <br />shall be invalid or prohibited thereunder, such invalidity or <br />prohibition shall be construed as if such invalid or prohibited <br />provision had not been inserted herein and shall not affect the <br />remainder of such provision or the remaining provisions of this <br />Amendment No.1. <br /> <br />g. The language in all parts of this Amendment No. 1 <br />shall be in all cases construed simply according to its fair <br />meaning and not strictly for or against any of the parties hereto. <br />Section headings of this Amendment No. 1 are solely for convenience <br />of reference and shall not govern the interpretation of any of the <br />provisions of this Amendment No.1. References to "Sections" are <br />to sections of this Amendment No. 1 or to the DDA, unless otherwise <br />specifically provided. <br /> <br />6 <br />