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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 />21.9 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 />21.10 Time is of the Essence. Time is of the essence of this Agreement and of <br />each and every term and condition hereof. <br />21.11 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 />21.12 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: 03-15-23 SK <br />[Signature Page Follows] <br />ATTY/AGR 2023.051/Trammell Crow Company (200 Twin Dolphin - STMMA) (Page 8 of 25) <br />