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�S•gi -32 <br /> The Parties agree to provide each other with such additional property interests at <br /> fair market value as may be required for the construction, operations and <br /> maintenance of the Recycled Water facilities, including without limitation <br /> easements and rights of entry. Such property interests shall be granted in <br /> exchange for fair market value. If the Parties aze unable to agree on such value, it <br /> shall be determined by a qualified M.A.I. real property appraiser selected by the <br /> Parties, whose fee shall be paid equally by the Parties. <br /> 10.0 MISCELLANEOUS AGREEMENTS <br /> 10.1 Definitions <br /> Capitalized terms in this Agreement shall have the meanings set forth in <br /> Attachment Ten, unless the context clearly indicates otherwise. <br /> 102 Attachments <br /> The attachments to this Agreement are part of this Agreement and are <br /> incorporated into it by this reference. <br /> 10.3 Construction <br /> The title and headings of the sections in this Agreement are intended solely for <br /> reference and do not modify, explain or construe any provision of this Agreement. <br /> All references to sections shall, unless otherwise stated, refer to the sections in <br /> this Agreement. This Agreement shall not be construed as if it had been prepared <br /> by one of the Parties, but rather as if both Parties had prepared the Agreement <br /> with the assistance of independent legal counsel for each. <br /> 10.4 Inte�ration <br /> This Agreement, including the attachments, constitutes the entire Agreement <br /> between the Parties. There are no oral agreements which are not expressly set <br /> -2 g' 1091374.7 <br />