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(s) Neutral Construction. All the parties hereto acknowledge full participation in the <br />drafting of this Agreement and agree that this Agreement shall not be construed against <br />any party as drafter hereof. <br />(t) Construction. Nothing herein shall be deemed or construed to be an approval of <br />any particular land use plan, density, or entitlements. <br />(u) Termination. <br />(i) If a final PUD Plan for the first phase of the DELO PUD that is acceptable to <br />Property Owner and the City is not approved by the City within 12 months of the <br />Effective Date, any party shall have the right to terminate this Agreement by providing <br />notice to the other parties of such termination in the manner described in Section 8(f) <br />hereof. <br />(ii) The City and LRC, or either of them, shall further have the right to terminate this <br />Agreement if no portion of the Bonds are issued within 36 months of the date of <br />adoption by the City Council of the resolution approving the first phase of the DELO <br />PUD; in such event, the City or LRC shall provide notice to the other parties of such <br />termination. <br />(iii) This Agreement shall terminate upon the City's Final Acceptance of all of the <br />URA Public Improvements as provided in Section 6(a) hereof. Following Final <br />Acceptance of URA Public Improvements, and return of the remaining Owner's Funds <br />(including the remainder of the 15% security), if any, to the Property Owner, monies <br />remaining in the Construction Fund, if any, after payment of all construction costs, shall <br />be used as required by the Bond Documents for the payment of debt service on the <br />Bonds. <br />[signature page follows} <br />11 <br />