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�.�� <br /> the date�such notice is sent by recognized overnight delivery <br /> service; (iii) on the date sent is sent by electronic facsimile; or <br /> (iv) on the date five (5) working days after deposit in the United <br /> States Mail, certified �r registered mail, with postage prepaid. <br /> Notices shall be sent to the addresses listed in Exhibit °B". Any <br /> party may change its addrESS for delivery of notice by delivering <br /> written notice of such change to the other party in compliance with: <br /> this section. <br /> Section 12. Ca�tions. The captions to sections of <br /> this Agreement are for convenience only and are not part of this <br /> Agreement. <br /> Section 13. Severability. <br /> If any portion of this Aqreement is declared by a court of <br /> competent jurisdiction to be invalid or unenforceable, such portion <br /> shall be deemed severed £rom this Agreement and the remaining parts <br /> shall remain in full force and effect as though such invalid or <br /> unenforceable provision had not been a part of this Agreement. <br /> Section 14. No Third Partv Beneficiaries. The parties <br /> do not intend the benefits of this Agreement to inure to any third <br /> party, nor shall any part of this Agreement be so construed. <br /> Section 15. Discretionarv Authority Reserved. This <br /> Agreement shall not be interpreted to require the Agency, the City <br /> or any other agency of the City to exercise its discretion with <br /> respect to the Project in any predetermined manner, nor to require <br /> the Agency or the City to approve the Project, or any part thereof, <br /> or any related undertakings. <br /> Section 16. No Joint Venture or Partnership. Nothing <br /> contair.ed in this Agreement shall create or be deemed to create any <br /> form of joint venture, partnership or be deemed to create any form <br /> cf association of any kind or nature between the Agency (or the <br /> City) and the Developer. <br /> Section 17. Hold Harmless and Indemnification. The <br /> Developer hereby agrees to indemnify, defend and hold harmless the <br /> Ag=ncy and the City, and tlieir respective officers, employees, <br /> ageats and consultants from and against any and all actions, suits, <br /> aroceedings, claims, demands, losses, costs, expenses and <br /> ;udgments, including legal costs and attorneys £ees arising <br /> therefrom, or any injury of any negligent or intentional act or <br /> 6 <br />