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With Copies to: Exhibits. The following exhibits are attached to this Agreement <br /> and incorporated herein for all purposes: <br /> DA EXHIBIT A-1 Legal Description <br /> DA EXHIBIT A-2 Diagram of Austin Property Subdivision and Open Space <br /> DA EXHIBIT B List of City Development Impact Fees <br /> DA EXHIBIT C Conditions of Approval: PUD-58 and PTR-7813 <br /> DA EXHIBIT D Diagram of Open Space, Irrevocable Offer of Dedication <br /> Section 5.12 Entire Agreement, Counterparts and Exhibits. This Agreement is executed in two <br /> (2) duplicate counterparts, each of which is deemed to be an original. This Agreement consists of <br /> pages and three exhibits which constitute in full, the final and exclusive understanding and <br /> agreement of the parties and supersedes all negotiations or previous agreements of the parties <br /> with respect to all or any part of the subject matter hereof. All waivers of the provisions of this <br /> Agreement shall be in writing and signed by the appropriate authorities of City and the <br /> Developer. <br /> Section 5.13 Estoppel Certificate. Developer may, at any time, and from time to time, deliver a <br /> written notice to City requesting City to certify in writing that: (a)this Agreement is in full force <br /> and effect and a binding obligation of the parties, (b) this Agreement has not been amended or <br /> modified either orally or in writing, and if so amended, identifying the amendments entered into <br /> by the parties, and (c) to the knowledge of City, neither party is or has been in default under this <br /> Agreement, or if any such default has to City's knowledge occurred, describing the nature of any <br /> such event of default and any cure thereof. City shall execute and return such certificate to <br /> Developer within ten (10) days following City's receipt thereof, and if City fails so to do within <br /> such 10-day period, the information in Developer's notice shall conclusively be deemed true and <br /> correct in all respects. The Director of Community Development, on behalf of City, shall <br /> execute certificates requested by Developer hereunder. City acknowledges that any certificate <br /> hereunder may be relied upon by any transferee or mortgagee of any interest of Developer <br /> hereunder. <br /> Section 5.14 Further Assurances. Each of the parties covenants, on behalf of itself and its <br /> successors and assigns, to take all actions and to execute, with acknowledgment or affidavit if <br /> required, any and all documents and writings, that may be reasonably necessary, proper or <br /> convenient to achieve the purposes and objectives of this Agreement. <br /> Section 5.15 Interpretation. Captions and headings in this Agreement are for convenience of <br /> reference only and shall not affect the meaning or interpretation of any provision of this <br /> Agreement. As used herein: (a) the singular shall include the plural (and vice versa) and the <br /> masculine or neuter gender shall include the feminine gender (and vice versa) where the context <br /> so requires; (b) locative adverbs such as "herein," "hereto," and "hereunder" shall refer to this <br /> Agreement in its entirety and not to any specific section or paragraph; (c) the terms "include," <br /> "including," and similar terms shall be construed as though followed immediately by the phrase <br /> "but not limited to;" (d) "shall," "will," "must," "agrees," and "covenants," are mandatory and <br />