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9 . This Agreement shall be deemed prepared jointly by each of the parties hereto and shall be construed on parity as between the parties. There shall be no canon of construction for or against any party by reason of the physical preparation of this Agreement. 10. COUNTY and DEVELOPER shall grant such further assurances and provide such additional documents as may be required by one another from time to time, and cooperate fully with one another in order to carry out the terms and conditions hereof and comply with the express intention of this Agreement. 11 . Failure to insist upon strict compliance with any of the terms, covenants, or conditions herein shall not be deemed a waiver of such terns, 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 relinquishment of such right or power at any other time or times . 12. In the event any term, condition, or clause of this Agreement is declared to be illegal or unenforceable by a court of competent jurisdiction, such declaration of illegality or unenforceability shall not affect or alter the legality or enforceability of any remaining term, condition, or clause hereof, provided of the parties, as set forth in this Agreement. 13 . Time is of the essence as to all matters contained in this agreement. 14 . In the event of a dispute arising from this Agreement, the prevailing party shall be entitled to recover reasonable costs and attorneys fees from the non-prevailing party. 15 . If Developer' s Project is not approved by all permitting entities, DEVELOPER agrees to convey all right-of-way reference in this agreement to the COUNTY and the COUNTY agrees to renegotiate the purchase price terms of this Agreement. 01 F:VAttomey\BiiRDevelopers Agreement5155 Rentals - Developers Agreemen( 4-07.doc SSP 170 & Crossroads Piz of Seb