Resolution of the City of Jersey City, N.J.

12. Other Provisions12.01 This Agreement was negotiated at arms-length with each Patiy receivingadvice from independent, competent legal counsel and it is an integrated documentcontaining all the terms and conditions agreed upon by the Parties relating to its subjectmatter. This Agreement supersedes any and all prior or contemporaneous agreements,negotiations, correspondence, understandings and communications between the Parties,whether oral or written, respecting matters concluded herein. No representations,warranties, promises, inducements or considerations have been made or relied upon by theParties other than those set forth herein. This Agreement was reviewed and approved byattorneys for all of the Paries and it is the intent of the Parties th.at there shall not be apresumption or constrction against any Party. MOle specifically, this Agreement is not acontract of insurance and the Parties agree that it shall not be interpreted according to anyiules of constiuction applicable to insurance contracts. In particular, with respect to theinterpretation of this Agreement, the Paries waive any benefits from the principles ofcontra proferentum or other principles which would result in the interpretation of anyambiguities against either Party. No Pary shall be deemed to be the drafter of thisAgreement or of any particular provision, and no par of this Agreement shall be constiuedagainst a Party on the basis of the Party's identity as an insurance company or as thedrafter of any part of this Agreement. This Agreement may not be amended or modifiedother than by written agreement agreed to a~d signed by the Paries. This Agreement shallbe binding upon and inure to the benefit of each of the Parties and the respectivesuccessors and assigns of each of the foregoing.Page 15 of20 ,