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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. In performing its obligations under this Agreement,
<br />Developer shall not discriminate because of race, color, creed, religion, sex, marital status, sexual
<br />orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable
<br />law, in the recruitment, selection, training, utilization, promotion, termination or other related
<br />activities. Developer affirms that it is an equal opportunity employer and shall comply with all
<br />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 Majeure. Neither Party shall be deemed to be in default where failure or delay
<br />in performance of any of its obligations under this Agreement is caused by floods, earthquakes,
<br />other Acts of God, fires, epidemics or pandemics as declared by federal, state, or local emergency
<br />resolution, wars, riots or similar hostilities, strikes and other labor difficulties beyond the Party's
<br />control (including the Party's employment force), court actions (such as restraining orders or
<br />injunctions), or other causes reasonably beyond the Party's control, including delays by any
<br />governmental entity (although the City may not benefit from this provision for a delay that results
<br />from City's failure to perform its obligations under this Agreement), or an insurance company of
<br />either party. If any such events shall occur, the term of this Agreement and the time for
<br />performance by either Party 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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