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ATTACHMENTA <br />12.6 Merger and Modifications. This Contract, including the exhibits that are attached <br />hereto and incorporated herein for all purposes, embodies the entire agreement between the <br />parties relative to the subject matter thereof. This Contract shall be subject to change or <br />modification only with the mutual written consent of the parties. <br />12.7 Benefits of Contract. This Contract is for the benefit of the City and Owner-Developer <br />and shall not be construed to confer any benefit on any other person except as expressly provided <br />for herein. <br />12.8 Attorney’s Fees. In the event of any litigation between the parties with respect to this <br />Agreement, the prevailing party shall be entitled to recover its reasonable attorney’s fees and <br />court costs from the losing party. <br />12.9 Government Immunity Preserved. The Owner-Developer and the City agree that the <br />City does not, by entering in to this Contract or performing any act hereunder or by failing to <br />take any action hereunder, waive any governmental immunity that the City, its officers, <br />employees, or representatives, have under any law. <br />12.10 One-Party Breach. Any breach of this agreement by one party identified and referred to <br />herein as Owner-Developer shall not be or constitute a breach of this agreement by the other <br />party of Owner-Developer. <br />12.11 Covenant Running With the Land. The obligations imposed on Owner Developers <br />herein shall not impose personal liability on them, but shall constitute a covenant running with <br />the land, and as such shall be binding on the present owners of the Tract as well as subsequent <br />owners thereof. <br />(This space intentionally left blank) <br />).docx- 9 - <br />H-02-Draft Development Agreement (showing changes <br /> <br />