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(i) this Development Agreement is in full force and effect and a binding obligation of the parties, (ii) this Development Agreement has not been amended or modified, and if so amended, identifying the amendments, and (iii) the requesting party is not in default in the performance of its obligations under this Development Agree- ment, or if in default, to describe therein the nature and amount of any such defaults. The party receiving a request hereunder shall execute and return such certificate within ten days following the receipt thereof. The City acknowledges that a certificate hereunder may be relied upon by transferees and mortgagees of Developer. 17. Reoordat~on of Agreement. This Development Agreement and any amendment and cancellation hereof shall be recorded in the Official Records of the County of Orange by the Clerk of the City within the period required by Section 54868.5 of the Government Code. 18. Severability. If any term, provision, condition, or covenant of this Development Agreement, or the application thereof to any party or circumstances, shall to any extent be held invalid or unenforce- able, the remainder of the instrument, or the application of such term, provision, condition or covenant to persons or circumstances other than those as to whom or which it is held invalid or unenforceable, shall not be affected thereby and each term and provision of this Development Agreement shall be valid and enforceable to the fullest extent permitted by law. X0. Cooperation in the Event of Legal Challenge. In the event of any legal action instituted by any third party challenging the validity or enforceability of any provision of this Development Agreement, as the same may be amended from time to time, or the adequacy of the EIR, the parties hereby agree to cooperate in defending said action as set forth in this Section. The City shall have the right, but not the obligation, to defend any such action; provided, that without the Developer*s (and its successors" and assigns~) prior written consent, which consent shall not be unreasonably withheld, City shall not enter into any settlement or compromise of any claim which has the effect, directly or indirectly, of prohibiting, preventing, delaying, or further conditioning or impairing the Developerts development, use, or maintenance of any portion of the Property or impairing any of the DeveloperSs rights hereunder. In addition, City shall provide reasonable assistance to Developer in defending any such action, such assistance to include (i) making available, upon reasonable notice and compensation, City officials and employees who are or may be witnesses in such action, and (ii) provision of other information within the custody or control of City that is relevant to the subject matter of the action and capable of disclosure, upon 9