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of the paragraphs and subparagraphs of this Agreement are for convenience only and shall not be considered or referred to in resolving questions of construction. This Agreement shall be governed by the laws of the State of California. 12. 2 Severability. If any material provision of this Agreement or the PUD or the Amendments shall be found to be invalid, void or illegal, each party shall have the right to seek amendment or termination of this Agreement purouant to Section 10.1. 12. 3 Attorneys' Fees. In the event of any dispute between the parties involving the covenantc or conditions contained in this Agreement, the prevailing party shall be entitled to recover reasonable expenses, attorneys' fees and costs. 12. 4 No Waiver . No delay or omission by the City in exercising any right or power accruing upon the noncompli- ance or failure to perform by Developer under the provisions of this Agreement shall impair any such right or power or be construed to be a waiver thereof. A waiver by City of any of lbe covenants or conditions to be performed by Developer shall not be construed as a waiver of any succeeding breach of the same or other covenants and conditions hereof. 12. 5 Exhibits . The following exhibits attached hereto are incorporated herein by this reference. Exhibit 1 - Property Description Exhibit 2 - Map of North Pleasanton Properties Exhibit 3 - Master Subdivision Improvement Agreement 16.