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Section 11.11. City Approvals. Any approval, <br />execution of documents, or other action to be taken by the <br />City pursuant to this Agreement, for the purpose of carrying <br />out the terms of this Agreement or for the purpose of <br />determining sufficient performance by Developer under this <br />Agreement, may be made, executed or taken by the Mayor and <br />Clerk of the City without further approval by the City <br />Council. The Mayor and Clerk of the City may, but shall not <br />be required to, consult with other City staff with respect <br />to such matters. <br />Section 11.12. Rule of Construction. The parties <br />agree that this Agreement is not intended, nor shall it be <br />construed, as a joint venture or other partnership between <br />the City and the Developer or as empowering the Developer to <br />act as an agent of the City, it being the intent of the <br />parties that the Developer is at all times acting as an <br />independent contractor and not as a partner or agent of the <br />City. <br />1054867.2 <br />Page 92 <br />