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� � <br /> 99 ios �7 � <br /> if fully set forth herein word for word. No remedy herein conferred upon, or reserved to any <br /> party shall exclude any other remedy herein or by law provided, but each shall be cumulative. <br /> 11. Reliance by Parties. � <br /> 11.1 It is of the essence of this Development Agreement that the construction of <br /> the improvements contemplated by each party is of substantial economic significance to the other <br /> party and that the failure of either party to construct its improvements at the time and in the <br /> manner contemplated herein shall result in substantial direct and consequential damages to the <br /> other party. <br /> 12. Not a Partnership. <br /> 12.1 The provisions of this Development Agreement are not intended to create, <br /> nor shall they be in any way interpreted or construed to create, a joint venture, partnership, or any <br /> other similar relationship between the parties. <br /> 13. Third Party Beneficiary Rights. <br /> 13.1 This Development Agreement is not intended to create, nor shall it be in <br /> any way interpreted or construed to create, any third party beneficiary rights in any person not a <br /> party hereto. <br /> 14. Notice. <br /> 14.1 All notices given pursuant to this Development Agreement shall be in <br /> writing and shall be given by personal delivery, by United States mail or by United States <br /> express mail or other established express delivery service (such as Federal Express), postage or <br /> delivery charge prepaid, addressed to the appropriate party at the address set forth below: <br /> Tenant: Albertson's, Inc. <br /> 250 Parkcenter Blvd. <br /> P.O. Box 20 <br /> Boise, Idaho 83726 <br /> Attention: Vice President, Architecture <br /> and Engineering <br /> Landlord: Robert M. Allen Family Limited Partnership <br /> 1115 West Second Street <br /> P.O. Box 987 <br /> Hastings, NE 68902-0987 <br /> Attention: Robert Allen <br /> copy to: John Q. Bachman, Esq. <br /> Gaines, Mullen, Pansing & Hogan <br /> 10050 Regency Circle, 5uite 200 <br /> Omaha, NE 68114 <br /> and to: The Lerner Company <br /> 10855 West Dodge Road <br /> Omaha, NE 68154 <br /> Attention: Salvadore Carta <br /> 15 <br />