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17.7 Severability. If any term, provision, covenant or condition of this Agreement <br />is held by a court of competent jurisdiction to be invalid, void or unenforceable, the <br />remainder of the provisions will remain in full force and effect. <br />17.8 No Agency Relationship. Neither Developer nor any of Developer's agents, <br />contractors or subcontractors are or will be considered to be agents of City in <br />connection with the performance of any of Developer's obligations under this <br />Agreement. Developer's relationship to City, if any, arising under this Agreement <br />is strictly that of an independent contractor. <br />17.9 Attorneys' Fees and Casts. Should any legal action be brought by either <br />party because of breach of this Agreement or to enforce any provision of this <br />Agreement, the prevailing party will be entitled to all costs of suit, reasonable <br />attorneys' fees and such other costs as may be determined by the court. <br />17.10 Time is of the Essence. Time is of the essence of this Agreement and of <br />each and every term and condition hereof. <br />17.11 Interpretation. The word "including" will be construed as if followed by the <br />words "without limitation." All recitals to this Agreement are incorporated by <br />reference as though fully restated herein. This Agreement will be interpreted as <br />though prepared jointly by both Parties. <br />17.12 Authorit . Each person executing this Agreement on behalf of a party <br />represents and warrants that such person is duly and validly authorized to do so <br />on behalf of the entity it purports to bind and if such party is a partnership, <br />corporation or trustee, that such partnership, corporation or trustee has full right <br />and authority to enter into this Agreement and perform all of its obligations <br />hereunder. <br />[Signature Page Follows] <br />REV: 11-05-2021 VR <br />ATTY/AGR.2021.M/Westpoint Harbor, LLC (Page 9 of 12) <br />