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<br />28. Severability. The provisions of this Agreement shall be deemed <br />severable. In the event that any provision of this Agreement is found by a court of <br />competent jurisdiction to be invalid, the remaining provisions of this Agreement <br />shall remain valid unless the court finds that the valid provisions are so essentially <br />and inseparably connected with and so dependent upon the invalid provision that it <br />cannot be presumed that the parties hereto would have agreed to the valid <br />provisions of this Agreement; or unless the Court finds the valid provisions, <br />standing alone, are incomplete and incapable of being executed in accordance with <br />the contracting parties' intent. If any part of this Agreement regarding the rights or <br />J-3-ac <br />duties hereunder of Developer are found invalid, Developer shall thereafter at its <br />election have the right to be released from this Agreement. <br /> <br />29. Headings. The headings and captions of this Agreement are for <br />convenience and reference only, and in no way define, limit, or describe the scope <br />or intent of the Agreement of any provision hereof. <br /> <br />September 4, 2007 <br /> <br />