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delay causes substantial completion of the Project to be delayed more than one hundred <br /> twenty (120) days unless (a)the Developer delivers a written plan to the City for the <br /> substantial completion of the Project, including a Project construction schedule; (b)the <br /> City approves such written plan,which approval will not be unreasonably withheld; and <br /> (c)Developer diligently and continuously follows the approved written plan and <br /> construction schedule. <br /> 17.19 Fair Construction; Severability. All pronouns and any variations thereof <br /> shall be deemed to refer to the masculine, feminine or neuter, singular or plural, as the <br /> context may require. The parties hereby acknowledge and agree that each was properly <br /> represented by counsel and this Covenant was negotiated and drafted at arms' length so <br /> that the judicial rule of construction to the effect that any ambiguities are to be construed <br /> against the drafting party shall be inapplicable in the interpretation of this Covenant. The <br /> provisions of this Covenant shall be construed as a whole according to their common <br /> meaning and consistent with the other provisions contained herein in order to achieve-the <br /> objectives and purposes of this Covenant. If any term, provision, covenant, clause, <br /> sentence or any other portion of the terms and conditions of this Covenant or the <br /> application thereof to any person or circumstances shall apply, to any extent, become <br /> invalid or unenforceable,the remainder of this Covenant shall continue in full force and <br /> effect,unless rights and obligations of the parties have been materially altered or abridged <br /> by such invalidation or unenforceability. <br /> 17.20 Time of the Essence. In all matters under this Covenant,the parties agree <br /> that time is of the essence. <br /> 17.21 Runs with the Land. This Covenant runs with the land and is binding on <br /> Developer, and its successors and assigns. This Covenant is not extinguished or <br /> otherwise limited in any way by any foreclosure,trustee sale, deed-in-lieu of foreclosure <br /> or transfer of the Property. <br /> [Signatures on the following page.] <br /> 25 <br /> 55 - <br />