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resolving questions of construction. This Agreement shall be <br />governed by the laws of the State of California. <br />12.2 Severability. if any material provision of this <br />Agreement or the PUD or the amendments shall be found to be <br />invalid, void or illegal, each party shall have the right to <br />seek amendment or termination of this Agreement prusuant to <br />Section 10.1. <br />12.3 Attorneys.' Fees. In the event of any dispute <br />between the parties involving the covenants or conditions <br />contained in this Agreement, the prevailing party shall be <br />entitled to recover reasonable expenses, attorneys' fees and <br />costs. <br />12.4 No Waiver. No delay or omission by the City in <br />exercising any right or power accruing upon the noncompliance <br />or failure to perform by Developer under the provisions of this <br />Agreement shall impair any such right or power or be construed <br />to be a waiver thereof. A waiver by City of any of the <br />covenants or conditions to be performed by Developer shall not <br />be construed as a waiver of any succeeding breach of the same <br />or other covenants and conditions hereof. <br />12.5 Attachments. The following exhibits attached <br />hereto are incorporated herein by this reference. <br />Attachment 1 - Property Description <br />Attachment 2 - Ordinance 1257 and Exhibit A <br />Attachment 3 - Limitation on LOS Conditions <br />Attachment 4 - Undeveloped Parcels <br />Attachment 5 - Additional Dedication <br />-14- <br />