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12. Limitation of Liability. <br /> Notwithstanding any provision hereof to the contrary, the City <br />and its officials, agents, employees and representatives shall not be liable to the Company for damages or <br />otherwise if this Agreement, the redevelopment plan or the redevelopment agreement is declared invalid <br />or unconstitutional in whole or in part by the final (as to which all rights of appeal have expired or have <br />been exhausted) judgment of any court of competent jurisdiction, and by reason thereof either the City is <br />prevent from performing any of the covenants and agreements herein or the Company is prevented from <br />enjoying the rights and privileges contemplated hereunder. <br />[Remainder of Page Intentionally Left Blank.] <br /> <br />