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CCAgenda_03Apr23
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CCAgenda_03Apr23
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7/16/2009 8:34:46 AM
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• ARTICLE IV <br />Miscellaneous <br />Section 4.1. Provisions of Agreement Not Affected. Except as expressly provided <br />herein, this Agreement is not intended to modify or limit in any way the terms of the Contract. <br />Section 4.2. Titles of Articles and Sections. Any titles of the several parts, Articles, and <br />Sections of the Agreement are inserted for convenience of reference only and shall be <br />disregarded in construing or interpreting any of its provisions. <br />Section 4.3. Modifications. This Agreement may be modified solely through written <br />amendments hereto executed by the Multifamily Developer and the City. <br />Section 4.4. Counterparts. This Agreement may be executed in any number of <br />counterparts, each of which shall constitute one and the same instrument. <br />Section 4.5. Judicial Interpretation. Should any provision of this Agreement require <br />judicial interpretation, the court interpreting or construing the same shall not apply a presumption <br />that the terms hereof shall be more strictly construed against one party by reason of the rule of <br />construction that a document is to be construed more strictly against the party who itself or <br />through its agent or attorney prepared the same, it being agreed that the agents and attorneys of <br />both parties have participated in the preparation hereof. The City and Multifamily Developer <br />agree that this Agreement is intended to satisfy the requirements of the Act, which is <br />incorporated herein and made a part hereof by reference. In the event that any provision of this <br />Agreement conflicts with the terms of the Act, the terms of the Act shall govern. <br />• <br />
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