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only and do not define, modify or limit any of the terms and provisions hereof. <br />Article, Section and Exhibit references herein are to Articles, Sections and <br />Exhibits of this Agreement unless otherwise noted. The use of words "include" or <br />"including" in this Agreement shall be by way of example rather than by <br />limitation. The use of the words "or," "either" or "any" shall not be exclusive. <br />H. Representations and Warranties of the Parties. Each of the parties, and each <br />person executing this Agreement on behalf thereof, represent and warrant, as <br />applicable, that (1) such party or person has the full power and authority to enter <br />into this Agreement and the agreements or instruments referred to herein, to <br />execute them on behalf of the party indicated on the signature page thereof, and to <br />perform the obligations hereunder and thereunder, (2) such party is acting on its <br />own behalf and on behalf of its members, successors and assigns, (3) this <br />Agreement and the other agreements referenced herein are the valid and binding <br />obligations of such party, enforceable against it in accordance with their terms, (4) <br />entering into this Agreement and the other agreements referenced herein does not <br />conflict with any other agreements entered into by either party, and (5) the <br />execution, delivery and performance of this Agreement has been duly and validly <br />authorized by all necessary corporate or governmental action on its part. <br />J. Exhibit List. The following exhibits are hereby incorporated by reference: <br />EXHIBIT A: Map Denoting Site, Legal Description of Site, Legal and <br />Equitable Owners <br />EXHIBIT B Sustainable Design and Operations Elements Guidelines <br />EXHIBIT C Elements of Value <br />[signatures contained on next page] <br />El <br />