11

It is understood and agreed that the City has made no representations, covenants, warranties, guarantees, promises or agreements (verbal or otherwise) with the Developer other than those in this Agreement, and no amendment hereto is valid unless in writing and

executed by both parties.

If any section, subsection, sentence, clause or phrase of the Agreement is for any reason held to be invalid by a court of competent jurisdiction, the invalid portion shall be severed and the decision that it is invalid shall not affect the validity of the remainder

of this Agreement.

of tue essence of this Agreement. Where the singular or masculine is used in this Agreement, the same is deemed to include the plural or the feminine or the body politic or corporate as the context so requires; every reference to each party is deemed to include the heirs, executors, administrators, successors, permitted assigns, employees, agents, officers and invitees of such party wherever the context so requires: all Schedules to this Agreement form part of this Agreement; this Agreement shall be interpreted in accordance with the law of British Columbia; and this Agreement shall enure to the benefit of an be binding upon the parties hereto NOTWITHSTANDING any rule of law or equity to the

contrary.

The City agrees that as the properties to the nerth and vest of the Lands develop and in particular, as the elevation of such lands is increased to an elevation