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sent. Any notice shall be deemed given on the date such notice is <br />delivered by hand or by facsimile transmission or 5 days after the <br />date mailed. <br />SECTION 7.05. PROFESSIONAL FEES; COSTS. <br />(A) Each party shall be responsible for securing its own <br />counsel for representation relative to the negotiation of this <br />Agreement, and all other matters associated with performance, <br />cancellation or closing hereunder; unless otherwise specified <br />herein, and each party shall be responsible for the payment of the <br />fees of its own attorneys, bankers, engineers, accountants, and <br />other professional advisors or consultants in connection therewith. <br />(B) In any litigation arising out of this Agreement, the <br />prevailing party in such litigation shall be entitled to recover <br />reasonable attorney's fees and costs. <br />SECTION 7.06. ASSIGNMENT. Neither the City nor the County <br />shall have the power or authority to assign this Agreement or any <br />of their rights, duties or obligations hereunder to a third party. <br />This Agreement is solely for the benefit of the County and the <br />City, and no claim or cause of action shall accrue to or for the <br />benefit of any third party by reason hereof. <br />SECTION 7.07. AMENDMENTS AND WAIVERS. No amendment, <br />supplement, modification or waiver of this Agreement shall be <br />binding unless executed in writing by all parties hereto. No <br />waiver of any of the provisions of this Agreement shall be deemed <br />or shall constitute a waiver of any other provision of this <br />26 of 28 <br />