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The stormwater treatment measure(s) will not be removed from the Property unless such <br />a release is so executed and recorded. <br />20. Miscellaneous. <br />20.1 Entire Agreement, Amendments, Recitals. This Agreement contains the <br />entire understanding and agreement of the Parties. This Agreement may be altered, <br />amended or modified only by an instrument in writing, executed by the Parties to this <br />Agreement. All recitals set forth above are incorporated by reference into this Agreement. <br />20.2 Paragraph Headings. Paragraph headings in this Agreement are for <br />convenience only and are not intended to be used in interpreting or construing the terms, <br />covenants or conditions contained in this Agreement. <br />20.3 Governing Law, Venue. This Agreement will be construed and enforced in <br />accordance with the laws of the State of California, without reference to choice of law <br />provisions. Any legal actions under this Agreement will be brought only in the Superior <br />Court of the County of San Mateo, State of California. <br />20.4 Compliance with Laws. Developer will comply with all federal, state and <br />local laws, ordinances and regulations in the performance of this Agreement. Developer <br />will, at its own cost and expense, obtain all necessary permits and licenses for the Work <br />(including encroachment permits as needed), give all necessary notices, pay all fees and <br />taxes required by law and make any and all deposits legally required by those public <br />utilities that will serve the residential development on the Property. Copies and/or proof <br />of payment of said permits, licenses, notices, fee and tax payments and deposits will be <br />furnished to the City Engineer upon request. <br />20.5 Counterparts. This Agreement may be executed in any number of <br />counterparts which together will constitute the contract of the Parties. <br />20.6 Exhibits. All exhibits and attachments to this. Agreement are incorporated <br />by reference as though fully restated herein. <br />20.7 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 />20.8 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 connection <br />with the performance of any of Developer's obligations under this Agreement. Developer's <br />relationship to City, if any, arising under this Agreement is strictly that of an independent <br />contractor. <br />20.9 Attorneys' Fees and Costs. Should any legal action be brought by either <br />party because of breach of this Agreement or to enforce any provision of this Agreement, <br />the prevailing party will be entitled to all costs of suit, reasonable attorneys' fees and such <br />other costs as may be determined by the court. <br />REV: 06-01-22 SK <br />