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provisions of California Code of Civil Procedure Section 1032. Recoverable litigation costs and <br />attorneys’ fees include those incurred by the prevailing party in the enforcement of any judgement or <br />other judicial order, and during, the defense of any appeal taken from such underlying judgement or other <br />ju dicial order. <br /> <br />3.15 Entire Agreement. This Agreement constitutes the entire agreement of City and Owner <br />as to the deferral of impact fees and supersedes all previous agreements, oral or written, on the subject <br />matter of this Agreement. <br /> <br />3.16 Modification. This Agreement may be amended or modified only by an agreement in <br />writing signed by each of the parties hereto. <br /> <br />3.17 Headings. Section headings contained in this Agreement are for convenience only, and <br />shall not impact the construction or interpretation of an provision. <br /> <br />3.18 Severability. If any provision or clause of this Agreement or any application of it to any <br />person, firm, organization, partnership or corporation is held invalid, such invalidity shall not affect any <br />other provision of this Agreement, and the Agreement shall be construed as if such provisions or clauses <br />did not exist. <br /> <br />3.19 Time is of the Essence. Time is of the essenc e in this Agreement. <br /> <br />3.20 No Third Party Beneficiaries. This Agreement and the performance of the City’s and <br />Owner’s obligations hereunder are for the sole and exclusive benefit of the City and Owner. No person or <br />entity who or which is not a signatory to this Agreement shall be deemed be benefited or intended to be <br />benefited by any provision hereof, and no such person or entity shall acquire any rights or causes of <br />action against either the City or Owner hereunder as a result of the City’s or Owner’s performan ce or <br />nonperformance of their respective obligations under this Agreement. <br /> <br />3.21 Counterparts. This Agreement may be signed by the Parties in different counterparts <br />and the signature pages combined shall create a single document binding on all parties. <br /> <br /> <br />[Signatures on Following Page] <br />