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ATTY/RESO.0020/CC RESO APPROVING AMENDMENTS TO HPP GUIDELINES – EXHIBIT B <br />REV: 05-04-26 LF <br />Page 28 of 86 <br />807. Counterparts. This Agreement may be executed in any number of counterparts and <br />by different signatories hereto in separate counterparts, each of which when so executed shall be <br />deemed to be an original and all of which taken together shall constitute one and the same <br />instrument, for the same effect as if all signatories hereto had signed the same signature page. Any <br />signature page of this Agreement may be detached from any counterpart of this Agreement without <br />impairing the legal effect of any signatures thereon and may be attached to another counterpart of <br />this Agreement identical in form hereto but having attached to it one or more additional signature <br />pages. <br />808. Integration. This Agreement and the Loan Documents contain the entire <br />understanding between the parties relating to the transaction contemplated by this Agreement. All <br />prior or contemporaneous agreements, understandings, representations and statements, oral or <br />written, are merged into the Loan Documents and shall be of no further force or effect. Each party <br />is entering into the Loan Documents upon the representations set forth in the Loan Documents and <br />upon each party’s own independent investigation of any and all facts such party deems material. <br />809. Attorneys’ Fees. In any action between the parties to interpret, enforce, reform, <br />modify, rescind, or otherwise in connection with any of the terms or provisions of the Loan <br />Documents, the prevailing party in the action shall be entitled, in addition to damages, injunctive <br />relief, or any other relief to which it might be entitled, reasonable costs and expenses including, <br />without limitation, litigation costs and reasonable attorneys’ fees. <br />810. Titles and Captions. Titles and captions are for convenience of reference only and <br />do not define, describe or limit the scope or the intent of this Agreement or of any of its terms. <br />Reference to section numbers are to sections in this Agreement, unless expressly stated otherwise. <br />811. Interpretation. As used in this Agreement, masculine, feminine or neuter gender <br />and the singular or plural number shall each be deemed to include the others where and when the <br />context so dictates. The word “including” shall be construed as if followed by the words “without <br />limitation.” This Agreement shall be interpreted as though prepared jointly by both parties. <br />812. No Waiver. City may at any time and from time to time waive any one or more of <br />the terms or conditions contained in this Agreement, but any such waiver shall be deemed to be <br />made pursuant to this Agreement and not in modification thereof, and any such waiver in any <br />instance or under any particular circumstances shall not be construed a waiver of such term or <br />condition or of any subsequent default. In order to be effective, all such waivers must be in writing. <br />The failure of City to promptly exercise its rights or remedies shall not be deemed to be a waiver <br />or grounds for the claim of estoppel. <br />813. Modifications. Any alteration, change or modification of or to this Agreement, in <br />order to become effective, shall be made in writing and in each instance signed on behalf of each <br />party. <br />814. Severability. If any term, provision, condition or covenant of this Agreement or its <br />application to any party or circumstances shall be held, to any extent, invalid or unenforceable, the <br />remainder of this Agreement, or the application of the term, provision, condition or covenant to