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L . Failure to insist upon strict compliance with any of the terms , covenants , or conditions herein shall not be deemed a waiver of such terms , covenants , or conditions , nor shall any waiver or relinquishment of any right or power hereunder at any one time or times be deemed a waiver or relinquislunent of such right or power at any other time or times . M . All words , terms and conditions contained herein are to be read in concert, each with the other, and a provision contained under one paragraph may be considered to be equally applicable under another in the interpretation of this Agreement . N . The words herein and hereof and words of similar import, without reference to any particular section or subdivision of this Agreement , refer to this Agreement as a whole rather than to any particular section or subdivision hereof. O . In the event any tern, condition, or clause of this Agreement is declared to be illegal or unenforceable by a court of competent jurisdiction, such declaration of illegality or ulienforceability shall not affect or alter the legality or enforceability of any remaining tern, condition, or clause hereof, provided of the parties , as set forth in this Agreement . P . Time is of the essence as to all matters in this Agreement . Q . hi the event state or federal laws are enacted after the execution of this Agreement, which are applicable to and preclude in whole or in part the parties ' compliance with the teens of this Agreement, then in such event this Agreement shall be modified or revoked as is necessary to comply with such laws , in a manner which best reflects the intent of this Agreement . This Agreement shall not be construed or characterized as a development agreement under the Florida Local Gover anent Development Agreement Act . [SIGNATURES ON FOLLOWING PAGE] 6 J:\Bruce\clients\ACTS\Developer's Agreement - I .R.C. clean 6 . 15.09 .doc