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6.9 Attorneys' Fees. If an action is filed by any of the parties hereto to enforce and /or <br />interpret the terns of this Agreement, the prevailing party shall be entitled to reasonable <br />attorneys' fees and costs. <br />6.10 Days. In computing any period of time by days as provided in this Agreement, the date <br />of the act, event or default from which the designated period of time begins to run will not be <br />included. If the date for performance or last day of any time period stated in this Agreement falls <br />on a day that is not a business day, then the due date or the duration of such time period will be <br />extended so that it ends on the next succeeding day that is a business day. A "business day" is a <br />day of the week that is not a Saturday, Sunday, or legal holiday recognized by the banks, United <br />States Postal Service or the Recorder of the County. <br />6.11 Relationship of the Parties. Nothing in this Agreement is intended to create a partnership <br />or joint venture between the parties or make one party the agent of the other. <br />6.12 Headings. Any headings or captions used herein are inserted only as a matter of <br />convenience and for reference only and in no way defines limit or describe the scope of this <br />Agreement nor the intent of any of the provisions hereof. <br />6.13 Context. The words or phrases that are not proper nouns that begin with capital letters <br />are defined terns that have the meanings that are assigned to them in this Agreement. The <br />singular form shall include the plural and vice versa; adverbs such as "herein," "hereto," and <br />"hereunder" shall refer to this Agreement in its entirety and not to any specific section or <br />paragraph; and the terms "include," "including," and similar terms shall be construed as though <br />followed immediately by the phrase "but not limited to ". "Recorded" means to be recorded in <br />the Official Records of the County of Yolo. Unless specified to the contrary, any reference to a <br />section or paragraph shall be to a section or paragraph of this Agreement. All Attachments <br />referred to in this Agreement are attached to it and incorporated herein and made a part of this <br />Agreement by this reference. <br />6.14 Counterparts. This Agreement may be signed by the parties in different counterparts, and <br />the signature pages combined shall create a document binding on all parties. <br />6.15 City Approvals and Actions. Whenever a reference is made herein to an action or <br />approval to be undertaken by City, the City Manager or his or her designee is authorized to act <br />on behalf of City, unless specifically provided otherwise or the context requires otherwise. <br />6.16 Modifications; Amendments. The Developer and City agree to mutually consider <br />reasonable requests for amendments to this Agreement that may be made by any of the parties <br />hereto, subtenants of Developer, lending institutions or bond counsel or financial consultants to <br />Developer or the City, provided such requests are consistent with this Agreement and would not <br />materially alter the basic business terms included herein. Any waiver, alteration, change, <br />modification or amendment of or to this Agreement, in order to become effective, shall be made <br />in writing and in each instance signed on behalf of each party. The City Manager shall be <br />authorized to approve any modification or amendment to the Schedule of Performance or other <br />minor modification or amendment hereto that does not alter the basic business terms included <br />65N -29 <br />