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management allocations. In the event that in any given year the <br />City Council either has otherwise allocated all growth management <br />approvals to other projects or has determined to allocate no growth <br />management approvals, such preference shall be in the form of an <br />exemption from the Ordinance; provided, however, that any units <br />exempted shall pay all normal City fees including any applicable <br />growth management fees. <br />7.3 The total number of units given preference or exempted by <br />this paragraph shall not exceed 200. <br />7.4 This Paragraph is a material inducement to the District's <br />approval of this Agreement. <br />8. IItility Meterinc. After completion of the property exchange, <br />City and District will cooperate to establish separate utility <br />metering for their respective properties. <br />9. Miscellaneous. <br />9.1 Time of Essence. Time is of the essence of this <br />Agreement. <br />9.2 Successors and Assigns. This Agreement shall be binding <br />upon and inure to the benefit of each of the parties and their <br />respective successors and assigns. <br />9.3 Cations. The captions in this Agreement are inserted <br />only as a matter of convenience and for reference and in no way <br />define the scope or the extent of this Agreement or the <br />construction of any provision. <br />9.~L Countervarts. This Agreement may be executed in any <br />number of counterparts, all of which taken together shall <br />constitute one and same instrument. <br />9.5 Entire Agreement ; Amendments . This Agree:~ent and the <br />Exhibits thereto embody the entire agreement and understanding <br />between the parties relating to the subject matter and may not be <br />amended, waived or discharged, except by an instrument in writing <br />executed by the parties against which enforcement of such <br />amendment, waiver or discharge is sought. This Agreement <br />supersedes all prior agreements and memoranda relating to its <br />subject matter. <br />10. Attorneys Fees. In the event that a legal proceeding is <br />initiated to enforce this Agreement or any of its provisions, the <br />prevailing party in such action shall be entitled to recover <br />reasonable attorney's fees and costs incurred. <br />- See Signatures Page 6 - <br />5 <br />