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FF. Agreement. It is understood that there are no oral agreements or representations between the parties
<br />hereto affecting this Agreement, and this Agreement and any Exhibits attached hereto supersede and
<br />cancel any and all previous negotiations, arrangements or representations and understandings, if any,
<br />between the parties hereto. There are no representations or warranties between the parties except as
<br />expressly set forth in this Agreement and all reliance with respect to same is solely upon the
<br />representations and agreements contained in this Agreement.
<br />GG.Time is of Essence. Time is of the essence in this Agreement and each and every provision hereof. All the
<br />terms, covenants and conditions contained in this Agreement to be performed by either party, if such
<br />party shall consist of more than one person or organization, shall be deemed to be joint and several, and
<br />all rights and remedies of the parties shall be cumulative and non-exclusive of any other remedy at law or
<br />in equity.
<br />HH. Words and Symbols. Whenever the words and symbols "and/or" are used in this Agreement, it is intended
<br />that this Agreement by interpreted and the sentence, phrase, or other part be considered in both its
<br />conjunctive and disjunctive sense, and as having been written twice, once with the word "and" inserted,
<br />and once with the word "or" inserted, in the place of said words and symbol "and/or."
<br />II. Gender. Words of any gender used herein shall include any other gender and singular words include the
<br />plural and vice versa, and references to a "person" or "party" includes persons, firms and corporations,
<br />and other types of entities or organizations unless in each case, the sense otherwise requires. The term
<br />"Owner," as used herein, means only the Owner for the time being of the Buildings, the Parking Facility,
<br />and/or Project, as applicable, to which this Agreement relates.
<br />JJ. Language Inclusive. The use of the word "including," when followed by any general statement, term, or
<br />matter, will not be construed to limit such statement, term, or matter to the specific items or matters set
<br />forth immediately following such word or to similar items or matters, but rather will be deemed to refer
<br />to all other items or matters that could reasonably fall within the broadest possible scope of such general
<br />statement, term, or matter.
<br />KK. Advertising. Operator shall not use Owner's name or refer to Owner directly or indirectly in any
<br />advertisement, or any release to any professional or trade publication, without receiving the Owner's
<br />express prior written approval for such use or release, which approval may be withheld in Owner's sole
<br />discretion.
<br />LL. Examination. Operator acknowledges that prior to the execution of this Agreement, Operator has, to the
<br />extent reasonably feasible, made sufficient examination and tests to determine the difficulties and
<br />hazards to the performance of Work, whether arising from the location or condition of the Project,
<br />proximity to adjacent facilities, equipment, tanks, buildings, and other structures or otherwise, and has
<br />determined to Operator's satisfaction the nature and extent of all difficulties and hazards.
<br />MM. Resolution of Disputes. If a dispute arises between Owner, on the one hand, and Operator,
<br />on the other, the Owner and Operator shall continue to perform their obligations under this Agreement.
<br />If the dispute relates to non-performance on the part of the Operator, Owner may withhold fees
<br />representing the estimated cost of the disputed item due to the Operator until such time as the dispute
<br />is settled. Furthermore, in connection with such dispute, the parties shall immediately attempt in good
<br />faith to settle the same by negotiation. If such negotiation does not result in a prompt agreement between
<br />Owner, on the one hand, and the Operator, on the other, the items of dispute shall, if necessary, be settled
<br />by a court of competent jurisdiction. Unless ordered by a court of competent jurisdiction or otherwise
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