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<br />Notwi thstanding any provision herein to the contrary, <br />Participant shall be relieved of any and all liability for the <br />obligations of Participant 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 />Declaration of Affordability Covenants and the Declaration of <br />Redevelopment Covenants recorded against the Property. <br /> <br />Section 6.11. Attorneys' Fees. <br /> <br />If any party hereto files any action or brings any action <br />or proceeding against the another party arising out of this <br />Agreement, seeks the resolution of disputes, then as between and/or <br />among to the parties to the action, the prevailing party shall be <br />entitled to recover as an element of its costs of suit or <br />resolution of disputes, and not as damages, its reasonable <br />attorneys' fees as fixed by the Court or other forum for resolution <br />of disputes as may be agreed upon by the parties to the action, in <br />such action or proceeding or in a separate action or proceeding <br />brought to recover such attorneys' fees. <br /> <br />Section 6.12. Effect. <br /> <br />This Agreement shall be binding upon and inure to the <br />benefit of the Parties hereto and their respective heirs, <br />executors, administrators, legal representatives, successors and <br />assigns. <br /> <br />Section 6.13. Incorporation of Exhibits. <br /> <br />Any exhibit referenced in this Agreement is incorporated <br />herein by reference although fully set forth herein word for word. <br /> <br />Section 6.14. Calendar Days. <br /> <br />Any reference in this Agreement to days, or any time <br />period measured by the number of days, shall refer to calendar <br />days, unless specifically indicated otherwise. <br /> <br />ARTICLE VII <br /> <br />ENTIRE AGREEMENT, WAIVERS AND AMENDMENT <br /> <br />Section 7.01. Entire Agreement. <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 /> <br />36 <br />