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40 <br />a <br />13. Invalid Provision. If any provision of this agreement is held to be illegal, invalid or <br />unenforceable under present or future laws, such provision shall be fully severable; this Agreement <br />shall be construed and enforced as if such illegal, invalid or unenforceable provision had never <br />comprised a part of this agreement, and the remaining provisions of this Agreement shall remain in <br />full force and effect and shall not be affected by such illegal, invalid, or unenforceable provision or <br />by its severance from this Agreement. <br />14. Attornc sv , Fees. In the event it becomes necessary for either party hereto to file suit <br />to enforce this agreement or any provision contained herein, the party prevailing in such suit shall <br />be entitled to recover, in addition to all other remedies or damages, as provided herein, reasonable <br />attorneys' fees. paralegal fees and cost incurred in such suit at trial, appellate, bankruptcy and/or <br />administrative proceedings. <br />15. —Multiple Counterparts. This Agreement may be executed in a number of identical <br />counterparts which, taken together, shall constitute collectively one (1) agreement; but in making <br />proof of this Agreement, it shall not be necessary to produce or account for more than one such <br />counterpart executed by the party to be charged. <br />16. Date of this Agreement. This Agreement shall not be effective unless signed by both <br />Developer and County. As used in this Agreement, the terms "date of this Agreement" or "date <br />hereof' shall mean and refer to the date of execution of the last of Developer or County to execute <br />this Agreement. <br />17. Exhibits. The following exhibits are attached to this Agreement and arc i ncorporated <br />into this Agreement and made a part here: <br />18. Authority. Each party hereto represents and warrants to the other that the execution <br />of this agreement and any other documents required or necessary to be executed pursuant to the <br />provisions hereof are valid, binding obligations and are enforceable in accordance with their terms. <br />19. Conditions Precedent. The obligations of both parties to this Agreement are <br />expressly conditioned upon the Developer's decision, at Developer's sole discretion, to proceed with <br />the Development. <br />IN WITNESS WHEREOF, the parties have set their hands and seals the day and year first <br />above written. <br />Signed, sealed and delivered <br />in the presence of: <br />ME <br />THE SUNTREE PAR I NERS, by its General <br />Partner <br />