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EXHIBIT 4
<br />9.7 Singular and Plural. As used herein, the singular of any word includes the plural,
<br />and vice versa, as context so dictates. Masculine, feminine, and neuter forms of any word include
<br />the other as context so dictates.
<br />9.8 Joint and Several Obligations. If at any time during the term of this Agreement the
<br />Property and/or Project is owned, in whole or in part, by more than one Developer, all obligations
<br />of such Developer under this Agreement shall be joint and several, and the default of any such
<br />Developer shall be the default of all such Developers.
<br />9.9 Time of Essence. Time is of the essence in the performance of the provisions of
<br />this Agreement as to which time is an element.
<br />9.10 Computation of Days. Unless otherwise specified in this Agreement or any Exhibit
<br />attached hereto, use of the term "days" shall mean calendar days. For purposes of this Agreement
<br />and all Exhibits attached hereto, "business days" shall mean every day of the week except
<br />Saturdays, Sundays, official State holidays as recognized in Government Code Section 19853(a)
<br />or successor statute, and any days in which Santa Ana City Hall is closed for business.
<br />9.11 Waiver. Failure by a Party to insist upon the strict performance of any of the
<br />provisions of this Agreement by the other Party, or the failure by a Party to exercise its rights upon
<br />the default of the other Party, shall not constitute a waiver of such Party's right to insist and demand
<br />strict compliance by the other Party with the terms of this Agreement thereafter.
<br />9.12 Non -Discrimination. Except as necessary to comply with the provisions of this
<br />Agreement and of recorded regulatory agreements on the Project, in performing its obligations
<br />under this Agreement, Developer shall not discriminate because of race, color, creed, religion, sex,
<br />marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and
<br />prohibited by applicable law, in the recruitment, selection, training, utilization, promotion,
<br />termination or other related activities. Developer affirms that it is an equal opportunity employer
<br />and shall comply with all applicable federal, state and local laws and regulations.
<br />9.13 Third Party Beneficiaries. No person or entity, other than City and Developer shall
<br />have any right of action based upon any provision of this Agreement.
<br />9.14 Force Maieure. Neither Party shall be deemed to be in default where failure or
<br />delay in performance of any of its obligations under this Agreement is caused by floods,
<br />earthquakes, other Acts of God, fires, wars, riots or similar hostilities, strikes and other labor
<br />difficulties beyond the Party's control (including the Party's employment force), court actions (such
<br />as restraining orders or injunctions), or other causes beyond the Party's control, including delays
<br />by any governmental entity (although the City may not benefit from this provision for a delay that
<br />results from City's failure to perform its obligations under this Agreement), or an insurance
<br />company of either party. If any such events shall occur, the term of this Agreement and the time
<br />for performance by either Parry of any of its obligations hereunder may be extended by the written
<br />agreement of the Parties for the period of time that such events prevented such performance.
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<br />75A-52
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