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City Draft <br /> 6/28/13 <br /> to the Developer or to its successor, or on any obligations under the terms or conditions of this <br /> Agreement. <br /> No Developer Party shall be personally liable to the City, or any successor in interest of <br /> the City, in the event of any Default or breach by the Developer under this Agreement or for any <br /> amount that rnay becorne due to the City or to its successor, or on any obligatiozas under the <br /> terms or conc�itions of this Agreement. <br /> 8.11 C�lculation of Time Periods. Unless otherwise specified, all references to time <br /> periods in this Agreement measured in days shall be to consecutive calendar days, all references <br /> to time periods in this Agreement measured in months shall be to consecutive calendar months, <br /> and all references ta time periods in this Agreement measured in years shall be to consecutive <br /> calendar years. Any reference to business days in this Agreement sha11 mean and refer to <br /> consecutive�business days of the City. <br /> 8.12 Principles of Interpretation. No inference in favor of or against any Party sha11 <br /> be drawn from the fact that such Party has drafted any part of this Agreement. The Parties have <br /> both participated substantially in the negotiation, drafting, and revision of this Agreement, with <br /> advice fronn legat and other counsel and advisezs of their own selection. A word, term or phrase <br /> defined in the singular in this Agreement may be used in the plural, and vice versa, all in <br /> accordance with ordinary principles af English grammar, which shall govern all Ianguage in this <br /> Agreement. The words "include" and "including" in this Agreement shall be constr�aed to be <br /> followed by the words: "without limitation." Each collective noun in this Agreement shall be <br /> interpreted as if followed by the words "(ar any part of it)," except where�the context clearly <br /> requires atherwise. Every refer�nce to any document, including this Agreement, refers to such <br /> document, as modified from time to time (excepting any modification that violates this <br /> Agreement), and includes all exhibits, schedules, addenda and riders ta such document. The <br /> word"or" in this AgreeFnent includes the word "and." <br /> 8.13 Governing Law. The Laws of the State shall govern the interpretation and <br /> enforcement of this Agreement, without application of conflicts af laws principles. The Parties <br /> acknowledge and agree that this Agreement is entered into, is to be fully perfarmed in ar�d relates <br /> to real property located in the City. <br /> 8.14 City Attorney Fees and Costs. For the purposes of this A�eemezit, a11 <br /> references to reasonable attorneys' fees azid costs in reference to the City are intended to include <br /> the salaries, benefits and costs of the City Attorney, as Ciiy General Counsel, and the lawyezs <br /> emplayed in the Off'ice of the City Attarney who provide legal services regard.ing tl�e particular <br /> matter, pro-rated to an hourly rate, in addition to any fees and costs of outside counsel to the <br /> City. <br /> 5.15 Unavoidable Delay; E�tension of Time of Performance. <br /> 5.15.1 Notice. Performance by either Party under this Agreement sha11 not be <br /> deemed, or considered to be in Default, where any such Default is due to the occurrence of an <br /> Unavoidable Delay. Without limiting the generality of the foregoing, all time periods under this <br /> Agreement, including wit.�out limitation the Schedule of Per�'ormance, shall be extended upon <br /> 82483.00 40 4175 7 1 3 1 2.14 60 <br />