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Et; fool Pq <br />13028582 OPR 4728 657 <br />12. Defined Terms. All defined terms used herein shall have the meanings ascribed to <br />them in the Development Agreement, unless otherwise defined herein. <br />13. Counterparts. This Agreement may be executed in several counterparts, each of <br />which shall be deemed an original, but all of which shall constitute one and the same instrument. <br />In addition, this Agreement may contain more than one counterpart of the signature page and this <br />Agreement may be executed by the affixing of the signature of each of the parties to one of such <br />counterpart signature pages and all such counterpart signature pages shall be attached to one <br />Agreement and read having the same force and effect as though all the signatories had signed a <br />single page. <br />14. Governing Law. This Agreement shall be governed by and construed in <br />accordance with the laws of the State of Texas. <br />15. Attorney's Fees. In any action brought by a Party hereto to enforce the obligations <br />of any other party hereto, the substantially prevailing Party shall be entitled to collect from the <br />opposing party to such action such substantially prevailing Party's reasonable litigation costs and <br />attorney's fees and expenses (including court costs, reasonable fees of accountants and experts, <br />and other expenses incidental to the litigation). <br />16. Recitals. The recitals of fact and intention set forth on the first page of this <br />Agreement are incorporated herein by this reference and are acknowledged by the parties to be <br />true and correct. <br />17. Full Force and Effect. All terms, covenants, conditions and provisions set forth in <br />the Development Agreement shall remain in full force and effect as supplemented and /or <br />clarified by this Agreement. <br />REMAINDER OF PAGE LEFT BLANK INTENTIONALLY. <br />5 <br />