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EXECUTION COPY <br />term or condition. No covenant, agreement, term, or condition of this <br />Agreement and no breach thereof shall be waived, altered or modified except <br />by written instrument. <br />(e) motions. The captions for each section and subsection are intended for <br />convenience only. <br />(f) Severability. If any provision, or any portion of any provision, of this <br />Agreement is found to be invalid or unenforceable, such unenforceable <br />provision, 'or unenforceable portion of such provision, shall be deemed <br />severed fi`om the remainder of this Agreement and shall not cause the <br />remainder of this Agreement to be 'invalid or unenforceable. If any provision, <br />or any portion of any provision, of this Agreement is deemed invalid due to its <br />scope or breadth, such provision shall be deemed valid to the extent of the <br />scope or breadth permitted by law. <br />(g) Third Party Beneficiary. This Agreement is exclusively for the benefit of the <br />parties hereto. It may not be enforced by any party other than the parties to <br />this Agreement, and shall not give rise to liability to any third party. <br />(h) Successors and Assigns. The benefits and obligations of this Agreement shall <br />inure to and be binding upon the parties hereto and their respective successors <br />and assigns. The parties cannot assign their rights or obligations under this <br />Agreement except with the written consent of the other parties, except that the <br />PGA may, without the consent of the City, assign this Agreement. to an <br />instrumentality of the Band organized to conduct the business of the Resort for <br />the Band if that instrumentality assumes all obligations of the PGA. No such <br />assignment shall relieve the Band of any obligation under this Agreement, <br />unless otherwise agreed by the City. <br />(i) Modification. Any change to or modification of this Agreement must be in <br />writing signed by the parties to this Agreement. <br />(j) Entire Agreement. This Agreement contains the entire understanding and <br />agreement of the parties hereto and supersedes all other prior agreements and <br />understandings, written or oral between the parties. There are no oral <br />agreements. <br />(k) Preparation ofAp-reement. This Agreement was drafted and entered into after <br />careful review and upon the advice of competent counsel; it shall not be <br />construed more strongly for or against any party. <br />Page 20 of ,22 <br />