IT IS MUTUALLY UNDERSTOOD, agreed and declared by and berween the

parties hereto that:

(a) The City has made no representations, covenants, warranties, guarantees,
promises or agreements (oral or otherwise) with the Developer other than
those contained in the Agreement,

(b) Nothing contained or implied herein shall prejudice or affect the rights and
powers of the City in the exercise of its functions under any public and
private statutes, bylaws, orders, and regulations, all of which may be fully
and effectively exercised in relation to the said lands as if this Agreement
had not been executed and delivered by the Developer,

(c) Wherever the singular or masculine is used herein, the same shall be
construed as meaning the plural, feminine or the body corporate or politic
where the context of the parties so require and, where the Developer
consists of more than one person, the term "Developer" shall mean all such
persons jointly and severally; | |

(d) This Agreement shall enure to the benefit of and be binding upon the
parties hereto and their respective heirs, executors, administrators,

successors and assigns; and

(e) The parties hereto shall do and cause to be done all things and execute and
cause to be executed all documents which may be necessary to give proper
effect to the intention of this Agreement. |

IN WITNESS WHEREOF the Developer has hereunto set his hand and seal and the City has
hereunto affixed its Corporate Seal, attested by the hands of its officers duly authorized in that

behalf, the day and year first written above.