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27.4 Compliance with Laws. Developer will comply with all federal, state <br />and local laws, ordinances and regulations in the performance of this Agreement. <br />Developer will, at its own cost and expense, obtain all necessary permits and <br />licenses for the Work, give all necessary notices, pay all fees and taxes required <br />by law and make any and all deposits legally required by those public utilities that <br />will serve the residential development on the Property. Copies and/or proof of <br />payment of said permits, licenses, notices, fee and tax payments and deposits will <br />be furnished to the City Engineer upon request. <br />27.5 Counterparts, This Agreement may be executed in any number of <br />counterparts, which together will constitute the contract of the Parties. <br />27.6 Exhibits. All exhibits and attachments to this Agreement are <br />incorporated by reference as though fully restated herein. <br />27.7 Severability. If any term, provision, covenant or condition of this <br />Agreement is held by a court of competent jurisdiction to be invalid, void or <br />unenforceable, the remainder of the provisions will remain in full force and effect. <br />27.8 No Agency Relationship. Neither Developer nor any of Developer's <br />agents, contractors or subcontractors are or will be considered to be agents of City <br />in 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 />27.9 Attorneys' Fees and Costs. Should any legal action be brought by <br />either 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 />27.10 Time is of the Essence. Time is of the essence of this Agreement <br />and of each and every term and condition hereof. <br />27.11 Interpretation. The word "including" will be construed as if followed <br />by the 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 />27.12 Authority. Each party 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: 05-27-2022 SK <br />ATTY/AGR.2022.125/Timothy Regan (Page 14 of 22) <br />