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9. MJSCBI.,J.,ANIOVS PROVISIONS. 9.1 a. or CoBltnlctloa. Tho IÍDgU1Ir includes the plural; the masculine Bender inchidcs the feminine; "sbaU" is JMMAtoty; "may" is pennissive. If there is more than one signer of tis Agreement, their obligations are joint and sewnt. 9.2 Eadre Agreemeat, WIiv«J ucJ Amea""'" This Agnfanent CODStitutes the entire undeøtan.di.ug and Agreement of the parties with respect to the matters set forth in this ~ '1'his Agreamcmt supenodes all negotiation or previous Agreements botweeo tho parties æspectiq this Agreement. All waivers of tho provision of this Agreement must be in writing and signed by the appropriate authorities of City or of Owner. All amendJnen1s to this Agreement must be in writing siped by the appopriate authorities of City and Owner. in a form suitable for øcording in the OtIicial Records ofOnmgeCounty, California. Within ten (10) days fonowin¡ the emœve date ortis Agn:ement, a copy of this Agreement sba1I be recorded in the Official Records of Orange County, Catifor:tùa. Upon the completion of petform8nce of this A¡roetnØ or its mocation or termiftAtion. an appropriate Certificate or Completion acknowledging such occummce signed by the appmpriate... ofOwœr aDd City sbaU be recorded in the Official ReconIs ofOnmge County, CaUfomia. 9.3 Project u . PrIvate VadertaJdol. It is spedficaUy understood by the parties that: (a) the Project is a private development for purposes ofGovemmcnt Code Section 65864 et set}. ; (b) City has no interest in orresponsibilities for or duty to third parties conceming any improvements to the Property or in connection with the Project; and (0) Owner shall have the tùll pow« and excl\ISÌvc control oftbe Property subject to the obligations of Owner set forth in this Agreement ,9.4 IJacorpontioøofB.edtaJs. The Recitals set fonhin Section 1 of1his .A¡Rcmebt are pert oft1ûs Agreement. 9.5 Capdou. The captioœ of this Agreement aro for COI1Ve\DÎenœ and merence only, aDd sbaJ1 not define. expJaint modify, construe, limit, 8DlpJify, or aid in the inte.rpletation COIIStrØCtion. or meanins of any of the provisions of this Agreement. 9.6 Consent Wheœ the consent or approval of a party is required in or necessary underfhis Agreement. thec:onsent or approval sbaJl not be œreasonably withhold. 9.7 COVellot of CooperatioIa. The parties shaD. cooperate with. deal with each other in good faith, and assist each other in the performance of the provisions oftbis Agreement. 9.8 TIme oflaeace. T"uno is of the essence for eacb provision oftbis Agreement of which time is an element. 9.9 CODf1Iets of Law. In the event that state or federa11aws or .regnlatioœ coacted after this Agreement has been entmed into or the action or inaction of any other affected r@~ - - Ordinance No. NS-2656 Page 18 of 45