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agreements, understandings, representations and statements, oral or written, are merged in this <br />Agreement and shall be of no further force or effect. Each party is entering this Agreement <br />based solely upon the representations set forth herein and upon each party's own independent <br />investigation of any and all facts such party deems material. This Agreement includes pages 1 <br />through _ and Exhibits A through P, which constitute the entire understanding and agreement of <br />the parties, notwithstanding any previous negotiations or agreements between the parties or their <br />predecessors in interest with respect to all or any part of the subject matter hereof. <br />610. Real Estate Brokerage Commission. The Agency and the Developer each <br />represent and warrant to the other that no broker or finder is entitled to any commission or <br />finder's fee in connection with the Developer's acquisition of the Sites from the Agency. The <br />parties agree to defend and hold harmless the other party from any claim to any such commission <br />or fee from any broker, agent or finder with respect to this Agreement which is payable by such <br />party. <br />611. Attorney's Fees. In any action between the parties to interpret, enforce, reform, <br />modify, rescind, or otherwise in connection with any of the terms or provisions of this <br />Agreement, the prevailing party in the action shall be entitled, in addition to damages, injunctive <br />relief, or any other relief to which it might be entitled, reasonable costs and expenses including, <br />without limitation, litigation costs and reasonable attorneys' fees. <br />612. Titles and Captions. Titles and captions are for convenience of reference only <br />and do not define, describe or limit the scope or the intent of this Agreement or of any of its <br />terms. Reference to section numbers are to sections in this Agreement, unless expressly stated <br />otherwise. <br />613. Interpretation. As used in this Agreement, masculine, feminine or neuter gender <br />and the singular or plural number shall each be deemed to include the others where and when the <br />context so dictates. The word "including" shall be construed as if followed by the words <br />"without limitation." This Agreement shall be interpreted as though prepared jointly by both <br />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 not be <br />construed as a waiver of any succeeding breach of the same or other covenants, agreements, <br />restrictions or conditions of this Agreement. <br />615. Modifications. Any alteration, change or modification of or to this Agreement, <br />in order to become effective, shall be made in writing and in each instance signed on behalf of <br />each party. <br />616. Severability. If any term, provision, condition or covenant of this Agreement or <br />its application to any party or circumstances shall be held, to any extent, invalid or <br />unenforceable, the remainder of this Agreement, or the application of the term, provision, <br />condition or covenant to persons or circumstances other than those as to whom or which it is <br />held invalid or unenforceable, shall not be affected, and shall be valid and enforceable to the <br />fullest extent permitted by law. <br />600457905v2 ~ 39/~ <br />