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,, <br /> .,�. <br /> � • i �-20 <br /> service; (iii) on the date sent by electronic facsimile; or (iv) on <br /> the date five (5) working days after deposit in the United States <br /> Mail, certified or registered mail, with postage prepaid. Notices <br /> shall be sent to the addresses listed in Exhibit "B°. Any t�arty may <br /> change its address for delivery of notice by delivering written <br /> notice o£ such change to the other party in compliance with this <br /> section. <br /> Section 12. Captions. The captions to sections of <br /> this Agreement are for convenience only and are not part o£ this <br /> Agreement. <br /> Section 13. Severabilitv. <br /> If any portion of this Agreement 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 Party Beneficiaries. The parties <br /> do not intend the bene£its of this Agreement to inure to any third <br /> party, nor shall any part of this Agreement be so construed. <br /> Section 15. Discretionarv Authoritv 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 /> resoect 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 Partnershin. Nothing <br /> cor.tained in this Agreement shall create or be deemed to create any <br /> £orm of joint venture, partnership or be deemed to create any form <br /> of association of any kind or nature between the Agency (or the <br /> City) and the Developer. <br /> Section 17 Ho1d Harmless and Indemnification The <br /> Developer hereby agrees to indemnify, defend and hold harmless the <br /> Agency and the City, and their respective officers, employees, <br /> agents and consultants from and against any and all actions, suits, <br /> p°oceedings, claims, demands, losses, costs, expenses and <br /> judgments, including legal costs and attorneys fees arising <br /> therefrom, or any injury of any negligent or intentional act or <br /> 6 <br />