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of such financing not caused by any act or omission of Owner; war; insurrection; strikes; lockouts; riots; floods; earthquakes; fires; casualties; acts of God; acts of the public enemy; acts of terrorism; epidemics; quarantine restrictions; freight embargoes; lack of transportation; governmental restrictions or priority; building moratoria; unusually severe weather; acts or omissions of the other party; acts or failures to act of any other public or governmental agency or entity (other than the acts or failures to act of the City which shall not excuse performance by the City); or any other causes beyond the control or without the fault of the party claiming an extension of time to perform. Notwithstanding anything to the contrary in this Agreement, an extension of time for any such cause shall be for the period reasonably attributable to the enforced delay and shall commence to run from the time of the commencement of the cause. Times of performance under this Agreement may also be extended in writing by the mutual agreement ofthe Parties. 9.11 Recording. The City Clerk shall cause a copy of this Agreement to be recorded with the Office of the County Recorder of Orange County, California, within ten (10) days following the Effective Date of this Agreement. 9.12 Subdivision of Project. The City agrees that, pursuant to the Applicable Rules, Owner may modify the boundaries of existing lots of the Property within the Property by means oflot line adjustments. This Section 9.12 shall survive termination ofthis Agreement. 9.13 Severability. If any provisions, conditions, or covenants of this Agreement, or the application thereof to any circumstances of either Party, shall be held invalid or unenforceable, the remainder of this Agreement or the application of such 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 shall be valid and enforceable to the fullest extent permitted by law. 9.14 Waiver. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought and such waiver refers expressly to this Section. No waiver of any right or remedy in respect of any occurrence or event shall be deemed a waiver of any right or remedy in respect of any other occurrence or event. 9.15 No Personal Liability. No board member, councilmember, official or employee of the City shall be personally liable to Owner nor shall any individual, principal, partner, member or shareholder of Owner be personally liable to City in the event of any default or breach. 9.16 Conditions of Discretionary Approvals. Entitlements shall be governed by the terms of the approvals of such Entitlements and, in no event, shall such Entitlements be affected by the termination, rescission, revocation, Default or expiration of this Agreement. 9.17 Precedence. In the event of a conflict between the terms of this Agreement and the terms of the Entitlements, the terms of this Agreement shall prevail. 22 DOCSOC/II10339vII124579-0001 Ordinance NS-2691 Page 29 of 73