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12 <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 teams 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 />instillment. 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 tenv.s 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 Stormwater 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 />10 <br />74 <br />