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10/1/08 <br />substantial interpretations, waivers, or amendments shall require the consideration, action <br />and written consent of the Agency Board. <br />608. Counterparts. This Agreement maybe signed in multiple counterparts <br />which, when signed by all parties, shall constitute a binding agreement and shall be <br />deemed to be an original. <br />609. Integration. This Agreement contains the entire understanding between <br />the parties relating to the transaction contemplated by this Agreement. All prior or <br />contemporaneous agreements, understandings, representations and statements, oral or <br />written, are merged in this Agreement and shall be of no further force or effect. Each <br />party is entering this Agreement based solely upon the representations set forth herein <br />and upon each party's own independent investigation of any and all facts such party <br />deems material. This Agreement includes pages 1 through 33 and Exhibits A-L, which <br />constitute the entire understanding and agreement of the parties, notwithstanding any <br />previous negotiations or agreements between the parties or their predecessors in interest <br />with respect to all or any part of the subject matter hereof. <br />610. Real Estate Brokerage Commission. The Agency and the Developer <br />each represent and warrant to the other that no broker or finder is entitled to any <br />commission or finder's fee in connection with the Developer's acquisition of the Sites <br />from the Agency. The parties agree to defend and hold harmless the other party from any <br />claim to any such commission or fee from any broker, agent or finder with respect to this <br />Agreement which is payable by such party. <br />611. Attorney's Fees. In any action between the parties to interpret, enforce, <br />reform, modify, rescind, or otherwise in connection with any of the terms or provisions of <br />this Agreement, the prevailing party in the action shall be entitled, in addition to <br />damages, injunctive relief, or any other relief to which it might be entitled, reasonable <br />costs and expenses including, without limitation, litigation costs and reasonable <br />attorneys' fees. <br />612. Titles and Captions. Titles and captions are for convenience of reference <br />only and do not define, describe or limit the scope or the intent of this Agreement or of <br />any of its terms. Reference to section numbers are to sections in this Agreement, unless <br />expressly stated otherwise. <br />613. Interpretation. As used in this Agreement, masculine, feminine or neuter <br />gender and the singular or plural number shall each be deemed to include the others <br />where and when the context so dictates. The word "including" shall be construed as if <br />followed by the words "without limitation." This Agreement shall be interpreted as <br />though prepared jointly by both parties. <br />614. No Waiver. A waiver by either party of a breach of any of the covenants, <br />conditions or agreements under this Agreement to be performed by the other party shall <br />not be construed as a waiver of any succeeding breach of the same or other covenants, <br />agreements, restrictions or conditions of this Agreement. <br />30 <br />