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Exhibit 1
<br />shall not be affected thereby to the extent such remaining provisions are not rendered impractical
<br />to perform, taking into consideration the purposes of this Agreement.
<br />(e) Interpretation and Governing Law. This Agreement and any dispute
<br />hereunder shall be governed and interpreted in accordance with the laws of the State of California
<br />without regard to conflict of law principles. This Agreement shall be construed as a whole
<br />according to its fair language and common meaning to achieve the objectives and purposes of the
<br />Parties hereto, and the rule of construction to the effect that ambiguities are to be resolved against
<br />the drafting Party shall not be employed in interpreting this Agreement, all Parties having been
<br />represented by counsel in the negotiation and preparation hereof.
<br />(f) Section Headings. All section headings and subheadings are inserted for
<br />convenience only and shall not affect any construction or interpretation of this Agreement.
<br />(g) Singular and Plural. As used herein, the singular of any word includes the
<br />plural, and vice versa, as context so dictates. Masculine, feminine, and neuter forms of any word
<br />include the other as context so dictates.
<br />(h) Joint and Several Obligations. If at any time during the Term of this
<br />Agreement the Property and/or Project is owned, in whole or in part, by more than one owner, all
<br />obligations of such Owner under this Agreement shall be joint and several, and the default of any
<br />such owner shall be the default of all such owners.
<br />(i) Time of Essence. Time is of the essence in the performance of the
<br />provisions of this Agreement as to which time is an element.
<br />0) Computation of Days. Unless otherwise specified in this Agreement or any
<br />Exhibit attached hereto, use of the term "days" shall mean calendar days. For purposes of this
<br />Agreement and all Exhibits attached hereto, "business days" shall mean every day of the week
<br />except Saturdays, Sundays, official State holidays as recognized in Government Code Section
<br />19853(a) or successor statute, and any days in which Santa Ana City Hall is closed for business.
<br />(k) Waiver. Failure by a Party to insist upon the strict performance of any of
<br />the provisions of this Agreement by the other Party, or the failure by a Party to exercise its rights
<br />upon the default of the other Party, shall not constitute a waiver of such Party's right to insist and
<br />demand strict compliance by the other Party with the terms of this Agreement thereafter.
<br />(1) Non -Discrimination. In performing its obligations under this Agreement,
<br />OHDC shall not discriminate because of race, color, creed, religion, sex, gender, gender identity,
<br />gender expression, sexual orientation, marital status, national origin, ancestry, familial status, age,
<br />source of income, disability, medical condition, veteran or military status, or genetic information
<br />of any person, as defined and prohibited by applicable law, in the recruitment, selection, training,
<br />utilization, promotion, or termination of employees or other related activities. Owner affirms that
<br />it is an equal opportunity employer and shall comply with all applicable federal, state and local
<br />laws and regulations.
<br />(m) Third Party Beneficiaries. No person or entity, other than City and Owner
<br />shall have any right of action based upon any provision of this Agreement.
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