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entitled to reasonable attorneys' fees and litigation costs. <br /> <br /> 6. This Agreement and its terms constitute the entire <br /> agreement among the parties, and may not be modified except <br /> in writing with mutual consent of all parties. <br /> <br /> 7. The waiver by one party of the performance of any <br />term, covenant, condition or promise shall not invalidate <br />this Agreement nor shall it be considered a waiver of any <br />other term, covenant., condition or promise. Each of the <br />terms, covenants, conditions and promises hereof constitutes <br />material consideration for each other term, covenant, <br />condition or promise. <br /> <br /> 8. Time is of the essence of this Agreement. This <br />Agreement shall be recorded and shall be binding upon the <br />respective successors, legal representatives and assigns of <br />the parties and shall run with the land. <br /> <br /> 9. In the event this Agreement terminates through no <br />fault of any party hereto the parties shall be entitled to <br />continue with the Condemnation action and the mandate action. <br />None of the parties shall be deemed to have waived any right <br />or to have elected any remedy by participating in further <br />proceedings in the Condemnation action or 'the mandate action <br />in the event this Agreement terminates by reason of the default <br />of any other party. <br /> <br /> 10. This Agreement is executed in contemplation of that~ <br />certain Agreement between City and Valley dated May 24, 1983, <br />(the "City-Valley Agreement"); and Valley specifically agrees <br /> <br /> <br />