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would have the effect of increasing Owners' obligations or decreasing Owners' <br />rights and benefits under this Agreement. This Agreement on the part of the City <br />will not apply to temporary moratoriums uniformly imposed throughout the City and <br />ETJ due to an emergency constituting an imminent threat to the public health or <br />safety, provided that the temporary moratorium continues only during the duration <br />of the emergency or a moratorium authorized by Subchapter E, Chapter 212 of the <br />Texas Local Government Code. However, the parties recognize that the City is not <br />providing any essential public facilities such as water, sewer or roadways. <br />2.04 Exhibits/Amendment <br />All exhibits attached to this Agreement are incorporated into and made a part of <br />this Agreement for all purposes. The paragraph headings contained in this <br />Agreement are for convenience only and do not enlarge or limit the scope or <br />meaning of the paragraphs. Wherever appropriate, words of the masculine <br />gender may include the feminine or neuter, and the singular may include the <br />plural, and vice -versa. Each of the Parties has been actively and equally <br />involved in the negotiation of this Agreement. Accordingly, the rule of <br />construction that any ambiguities are to be resolved against the drafting Party will <br />not be employed in interpreting this Agreement or its exhibits. This Agreement <br />may be executed in any number of counterparts, each of which will be deemed to <br />be an original, and all of which will together constitute the same instrument. This <br />Agreement will become effective only when one or more counterparts, <br />individually or taken together, bear the signatures of all of the Parties. <br />Due to the fact that the Project comprises a significant land area and its <br />development will occur in phases over a number of years, modifications to the <br />Conceptual Plan and other attachments to this agreement may become <br />necessary due to changes in market conditions or other factors. In order to <br />provide flexibility with respect to certain details of the development of the Project, <br />Owners may make minor changes to the attachments of this agreement with <br />approval by the City Planning Director. A minor change may be approved if it <br />does not materially affect or change this agreement by more than 10% for factors <br />such as, but not limited to: building materials in the pattern book and the <br />repurposing of water bodies to recreational areas. Other changes shall be <br />deemed a Major Change as determined by the Planning Director. The Owners <br />may appeal this determination to the City Manager within 10 days of the date of <br />notification of the decision. <br />All major changes shall be presented to the City Council for review and final <br />approval as an amendment to this agreement in accordance with the procedures <br />established in the City's Land Development Code. Major changes shall consist of <br />changes that do not fall within the definition of a minor change and shall consist <br />of, but are not limited to: the addition of land area, density beyond what is <br />10 <br />