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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. <br />Developer's relationship to City, if any, arising under this Agreement is strictly that of an <br />independent 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 />20.10 Time is of the Essence. Time is of the essence of this Agreement and of <br />each and every term and condition hereof. <br />20.11 Interpretation. The word "including" will be construed as if followed by the <br />words "without limitation." All recitals to this Agreement are incorporated by reference as <br />though fully restated herein. This Agreement will be interpreted as though prepared jointly <br />by both Parties. <br />20.12 Authority. 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 on behalf <br />of the entity it purports to bind and if such party is a partnership, corporation or trustee, <br />that such partnership, corporation or trustee has full right and authority to enter into this <br />Agreement and perform all of its obligations hereunder <br />REV: 09-06-2022 SK <br />[Signature Page Follows] <br />ATTY/AGR.2022.324/Michael Chojnacki (Page 6 of 16) <br />