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Section 3.05. Third Party Beneficiaries. The Authority and its officers, <br />employees, agents or any consultants or contractors are expressly deemed third party <br />beneficiaries of this Agreement with respect to the provisions of Section 3.01. It is expressly <br />agreed that, except for the Authority with respect to the provisions of Section 3.01, there are no <br />third party beneficiaries of this Agreement, including without limitation any owners of bonds, <br />any of the Local Agency's or the Developer's contractors for the Acquisition Improvements and <br />any of the Local Agency's, the Authority's, or the Developer's agents and employees. <br />Section 3.06. Conflict with Other Agreements. Nothing contained herein shall <br />be construed as releasing the Developer or the Local Agency from any condition of development <br />or requirement imposed by any other agreement between the Local Agency and the Developer, <br />and, in the event of a conflicting provision, such other agreement shall prevail unless such <br />conflicting provision is specifically waived or modified in writing by the Local Agency and the <br />Developer. <br />Section 3.07. Notices. All invoices for payment, reports, other communication <br />and notices relating to this Agreement shall be mailed to: <br />If to the Local Agency: <br />City of Santa Ana <br />[Address to Come] <br />If to the Developer: <br />[Developer] <br />[Address to Come] <br />Either party may change its address by giving notice in writing to the other party. <br />Section 3.08. Severability. If any part of this Agreement is held to be illegal or <br />unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall be <br />given effect to the fullest extent reasonably possible. <br />Section 3.09. Governing Law. This Agreement and any dispute arising <br />hereunder shall be governed by and interpreted in accordance with the laws of the State of <br />California. <br />Section 3.10. Waiver. Failure by a party to insist upon the strict performance of <br />any of the provisions of this Agreement by the other party, or the failure by a party to exercise its <br />rights upon the default of the other party, shall not constitute a waiver of such party's right to <br />insist and demand strict compliance by the other party with the terms of this Agreement. <br />Section 3.11. Singular and Plural: Gender. As used herein, the singular of any <br />word includes the plural, and terms in the masculine gender shall include the feminine. <br />75B-28 <br />