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21. Construction. The language of each part of this Agreement will be <br />construed simply and according to its fair meaning, and this Agreement will never be <br />construed either for or against either party, whether or not that party drafted all or a portion <br />hereof. <br />22. No Prior Agreements and No Oral Modifications. This Agreement <br />represents the entire understanding of City and Developer with respect to the subject <br />matter hereof and supersedes all other prior or contemporaneous written or oral <br />agreements pertaining to the subject matter of this Agreement. This Agreement may be <br />modified, only in writing signed by the authorized representatives of City and Developer. <br />23. No Partnership or Joint Entity. This Agreement is not intended to and does <br />not create a partnership or any other form of single or joint entity or any sort comprised <br />of the Parties and/or their attorneys. <br />24. Authority/Modification. Each party represents and warrants that all <br />necessary action has been taken by such party to authorize the undersigned to execute <br />this Agreement on behalf of such party and to engage in the actions of such party described <br />herein. This Agreement may be modified solely by written amendment signed by both City <br />and_Developer__City's City_Manager,_or_designee,_may-execute_any-such-amendment-on <br />behalf of City. <br />25. Counterparts. This Agreement may be executed in any number of <br />counterparts, each of which will be an original, but all of which together will constitute one <br />instrument executed on the same date. <br />IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the day <br />and year first hereinabove written. <br />CITY OF SANTA ANA <br />-32 <br />Raul Godinez II, City Manager <br />ATTEST: <br />By: <br />Maria Huizar, Clerk of the Council <br />APPROVED AS TO FORM: <br />0 <br />Attorney <br />By: <br />Mich 1 F. Harrah, President <br />Dated: <br />25D-13 <br />