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11 <br /> party of a condition set forth herein, or any failure by a party to exercise any right granted to that <br /> party hereunder, shall not constitute a subsequent waiver or failure to exercise such right. <br /> 20. Waivers. No wavier of any provision of this Agreement or any of the documents <br /> under this Agreement is effective unless the waiver or consent is in writing and signed by the <br /> parties, and then only in a specific instance and for the specific purpose for which given. <br /> 21. Drafting of Agreement. The parties to this Agreement acknowledge that each of <br /> them has been represented by legal counsel, or has had the opportunity to be represented by legal <br /> counsel in connection with the negotiation of the terms and the preparation of this Agreement, <br /> that counsel for the Port has performed the initial and preliminary drafting of this Agreement, <br /> and that each party and/or its counsel has had a sufficient and reasonable opportunity to review <br /> the final draft prior to execution of this Agreement. Accordingly, each party agrees that in any <br /> proceeding in which the terms of this Agreement are questioned, construed or interpreted, there <br /> shall be no presumption against any party because of the initial and preliminary drafting services <br /> provided by counsel for the Port. <br /> 22. Legal Litigation Costs. In the event that any party commences any action or <br /> proceeding against any other party to enforce the provisions hereof or to seek any other legal <br /> remedy available to such party under the terms hereof, the prevailing party therein shall be <br /> entitled to recover, in addition to any amount of money or other relief awarded, all reasonable <br /> costs incurred in connection with such action,including court costs and reasonable attorney fees. <br /> 23. Multiple Counterparts/pdf/Facsimile. This Agreement may be executed in any <br /> number of counterparts, and by facsimile or by pdf email, each of which when so executed shall <br /> be deemed an original, but all of which when taken together shall constitute one in the same <br /> instrument. All facsimile or pdf signatures shall be backed up by original document signatures. <br /> 24. Further Assurances. The parties hereto agree to execute any document, <br /> agreement, instrument, or other statement, or take such further actions as may be reasonably <br /> required by any other party hereto in order to effectuate the terms of this Agreement. An <br /> example of such further actions would be the Port procuring additional easement rights for the <br /> City, if reasonably determined that such easement rights are necessary for the City operation of <br /> the Riverside Business Park Sanitary Sewer and Stonnwater systems. <br /> 25. Successors & Assigns. All terms and provisions of this Agreement shall be <br /> binding upon, and inure to the benefit,the successors and assigns of the parties. <br /> [SIGNATURE PAGES FOLLOW] <br /> 18 1 ?, 7 <br />