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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 />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 <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 />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 <br />reference as though fully restated herein. This Agreement will be interpreted as <br />though prepared jointly 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 <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 />REV: 07-23-25 VR <br />(Signature page follows) <br />ATTY/AGR.2025.185/TJH RE Properties IV, LLC (147 King St) (Page 7 of 14) <br />