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Ole -15 <br />16. NO THIRD PARTY BENEFICIARIES. No person or entity shall be deemed <br />to be a third party beneficiary hereof, and nothing in this Agreement (either express or <br />implied) is intended to confer upon any person or entity, other than the City, the Agency <br />and the Developer (and their respective successors and assigns) any rights, remedies, <br />obligations or liabilities under or by reason of this Agreement. <br />17. FORCE MAJEURE. Neither Developer nor City nor Agency shall be in <br />default of any provision of this Agreement where timely performance or timely compliance <br />is prevented by Acts of God, including natural disasters, and /or unusually inclement <br />weather, civil emergencies, inability to obtain materials (except for such inability <br />occasioned by the act or failure to act of Developer), change in governmental regulations <br />or similar events which are beyond that party's reasonable ability to control; however, the <br />affected party shall be obligated to perform or comply within a reasonable time after the <br />event or action which precluded Developer from timely performance no longer exists. <br />18. PARAGRAPH HEADINGS Paragraph headings as used herein are for <br />convenience only and shall not be deemed to be a part of such paragraphs and shall <br />not be construed to change the meaning thereof. <br />19. EXHIBITS. All Exhibits referenced in this Agreement are incorporated <br />herein as if fully set forth in this document. <br />20. INTEGRATION CLAUSE. This Agreement represents the entire and <br />integrated agreement between the Owner and the DEVELOPER and supersedes all <br />prior negotiations, representations or agreements, either written or oral, provided <br />however, that nothing contained herein shall be construed as affecting the City s, <br />Agency's or Developer's respective duties to perform their respective obligations under <br />other agreements, land use regulations or subdivision requirements relating to the <br />development of the Project Site, which obligations are and shall remain independent of the <br />Developer's rights and obligations, and the Citys and Agency's rights and obligations <br />under this Agreement. <br />21. MODIFICATION. This agreement may be amended only by written <br />instrument signed by both the Owner and the DEVELOPER. Nothing contained in this <br />Agreement is intended to benefit any third party. The Developer and Design <br />Professional are not intended third party beneficiaries of this Agreement. <br />F:Atty /Agr /Agr.119 <br />050803 12 <br />