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8.9 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 /> 8.10 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 /> 8.11 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 /> 8.12 Non-Discrimination. In performing its obligations under this Agreement, Owner
<br /> shall not discriminate because of race, color, creed,religion, sex,marital status, sexual orientation,
<br /> gender identity, gender expression, gender, medical conditions, genetic information, military and
<br /> veteran status, 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. Owner affirms that it is an equal opportunity employer and shall comply with all
<br /> applicable federal, state and local laws and regulations.
<br /> 8.13 Third Party Beneficiaries. No person or entity, other than City and Owner shall
<br /> have any right of action based upon any provision of this Agreement.
<br /> 8.14 Force Maleure. 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, 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 beyond the Party's control, including delays by any governmental
<br /> entity (although the City may not benefit from this provision for a delay that results from City's
<br /> failure to perform its obligations under this Agreement), or an insurance company of either party.
<br /> If any such events shall occur, the term of this Agreement and the lime for performance by either
<br /> Party of any of its obligations hereunder may be extended by the written agreement of the Parties
<br /> for the period of time that such events prevented such performance.
<br /> 8.15 Mutual Covenants. The covenants contained herein are mutual covenants and also
<br /> constitute conditions to the concurrent or subsequent performance by the Party benefited thereby
<br /> of the covenants to be performed hereunder by such benefited Party.
<br /> 8.16 Successors in Interest. The burdens of this Agreement shall be binding upon, and
<br /> the benefits of this Agreement shall inure to, all permitted successors in interest to the Parties to
<br /> this Agreement. All provisions of this Agreement shall be enforceable as equitable servitudes and
<br /> constitute covenants running with the land. Each covenant to do or refrain from doing some act
<br /> hereunder with regard to the Property: (a) is for the benefit of and is a burden upon every portion
<br /> of the Property; (b) runs with the Property and each portion thereof; and (c) is binding upon each
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