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<br />. (c) In the case of the holder of any first mortgage, is <br />addressed or delivered personally to the address <br />supplied; <br /> <br />or at any such other address with respect to any such party <br />as that party may, from time to time, designate in writing <br />and forward to the other, as provided in this section. <br /> <br />9.7 Counterparts. This Agreement may be executed in any <br />number of counterparts, each of which shall constitute one <br />and the same instrument. <br /> <br />9.8 Modification. If the Developer is requested by the <br />holder of a development mortgage or by a prospective holder <br />of a prospective development mortgage to amend or supplement <br />this Agreement in any manner whatsoever, the city will, in <br />good faith, consider the request with a view to granting the <br />same unless the City, in its reasonable judgment, concludes <br />that such modification is not in the public interest, or <br />will significantly and undesirably weaken the financial <br />security provided to the interests of the City by the terms <br />and provisions of this Agreement. <br /> <br />9.9 Law Governina. This Agreement will be governed and <br />construed in accordance with the laws of the State. <br /> <br />. 9.10 Leaal Opinions. Upon execution of this Agreement, each <br />party shall, upon request of the other parties, supply the <br />other parties with an opinion of its legal counsel to the <br />effect that this Agreement is legally issued or executed by, <br />and valid and binding upon, such party, and enforceable in <br />accordance with its terms SUbject to and effected by <br />applicable bankruptcy (including but not limited to the <br />avoidance of provisions thereof), insolvency, reorganization <br />or similar laws affecting rights of creditors generally and <br />general principles of equity. <br /> <br />9.11 Rule of Construction. The parties agree that this <br />Agreement is not intended, nor shall it be construed, as a <br />joint venture or other partnership between the city and the <br />Developer or as empowering the Developer to act as the agent <br />of the City, it being the intent of the parties that the <br />Developer is at all times acting as an independent <br />contractor and not as a partner or agent of the City. <br /> <br /> <br />IN WJ:TNESS WHEREOF, the city and Developer have caused this <br /> <br /> <br /> <br />. <br /> <br />15 <br />