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Agreement, then compensatory damage s. shall be available. Both <br />parties waive any claim for punitive damages and any claim of <br />personal liability against the officials, officers or agents of <br />the other party. <br />10. AMENDMENT OR TERMINATION. <br />10.1 Agreement. If City and Developer mutually agree to <br />terminate or amend the terms of this Agreement, the amendment <br />or termination shall be accomplished in the manner provided in <br />state law for the adoption of development agreements, except as <br />provided in Subsection 9.3. <br />10.2 PUD. City and Developer may by mutual agreement, <br />amend or modify the PUD, including Conditions of Approval, <br />without seeking an amendment of this Agreement. This Agreement <br />shall incorporate all the terms and conditions of the PUD as so <br />amended or modified. <br />11. AGREEMENT TO. RUN WITH THE LAND. <br />The right to develop the Property pursuant to this <br />Agreement and the obligation to comply with conditions of the <br />PUD shall run with the Property. <br />12. GENERAL. <br />12.1 Construction of Agreement. The language in all <br />parts of this Agreement shall, in all cases, be construed as a <br />whole and in accordance with its fair meaning. The captions of <br />the paragraphs and subparagraphs of this Agreement are for <br />convenience only and shall not be considered or referred to in <br />-13- <br />