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200406866 Section 17. Severability. The provisions of this Agreement shall be deemed severable. If any part of this Agreement shall be held invalid, illegal or unenforceable by a court of competent jurisdiction, the remainder shall remain in full force and effect, and such invalid, illegal or unenforceable provision shall be reformed so as to give maximum legal effect to the intention of the Parties as expressed therein. Section 18. Authorization. The Developer represents, covenants and warrants that the making and execution of this Agreement and all other documents and instruments required or related hereunder have been fully authorized by the necessary corporate action of the Developer and are valid, binding and enforceable obligations of the Developer in accordance with their respective terms. The City represents, covenants and warrants that the making and execution of this Agreement and all other documents and instruments required or related hereunder have been fully authorized by the necessary organizational action of the City and are valid, binding and enforceable obligations of the City in accordance with their respective terms. Section 19. Notice. All notices, consents, approvals or other instruments required or permitted to be given by either Party pursuant to this Agreement shall be in writing and given by (a) hand delivery, (b) facsimile, (c) express overnight delivery service or (d) certified or registered mail, return receipt requested, and shall be deemed to have been delivered upon (i) receipt, if hand delivered, (ii) transmission, if delivered by facsimile, (iii) the next business day, if delivered by express overnight delivery service, or (iv) the third business day following the day of deposit of such notice with the United States Postal Service, if sent by certified or registered mail, return receipt requested. Notices shall be provided to the parties and addresses (or facsimile numbers, as applicable) specified below: If to the City: The City of Grand Island 100 East First Street Box 1968 Grand Island, NE 68802 -1968 Attention: City Administrator Telephone: (_) Facsimile: (_) If to the Developer: Wal -Mart Stores, Inc. 2001 S.E. 10th Street Bentonville, AR 72716 -0550 Attention: Legal Dept., Nebraska with copy to: Real Estate Manager, Nebraska Telephone: (479) 204 -0754 Facsimile: (479) 273 -4107 Section 20. Modification. This Agreement may not be amended, modified or altered unless by written agreement signed by the Developer and the City. Section 22. Seller's Consent. The Parties agree that the written consent of the Seller to this Agreement is made for the sole purpose of allowing the Agreement to be fled of record with 01- 585772.06 6