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<br />Where the identity of the parties to this Indemnity or the circumstances make it <br />appropriate, the masculine gender includes the feminine and/or neuter, and the singular <br />number includes the plural. Article and Section headings in this Indemnity are included <br />for convenience of reference only and shall not constitute a part of this Indemnity for <br />any other purpose or be given any substantive effect. The recitals to this Indemnity are <br />incorporated herein and made a part hereof. All exhibits to this Indemnity shall <br />constitute a part of this Indemnity. Owner and City have each had an opportunity to <br />review and negotiate the terms of this Indemnity; accordingly, the rule requiring that <br />language be construed against the drafting party shall not be applicable to this <br />Indemnity. <br /> <br />28520513.1 030902 0050P 95173993 <br /> <br />9 <br />