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DRAFT <br />November 14, 2012 <br />Agreement by the defaulting Party shall be deemed to have occurred. In the event of a <br />breach of this Agreement, the sole and exclusive remedy of the Party who is not in <br />default shall be to terminate this Agreement by serving written notice of termination on <br />the Party in breach. <br />(d} No waiver of any breach of any term or condition contained in this <br />Agreement shall be deemed a waiver of any preceding or succeeding breach of such <br />term or condition, or of any other term or condition contained in this Agreement. No <br />extension of time for performance of any obligation or act, no waiver of any term or <br />condition of this Agreement, nor any modification of this Agreement shall be enforceable <br />against the City, Authority or Developer, unless made in writing and executed by all <br />parties. <br />12. Non-Discrimination. <br />The Developer shall not discriminate against nor segregate any person, or group <br />of persons on account of race, color, creed, religion, sex, marital status, handicap, <br />national origin or ancestry in undertaking its obligations under this Agreement. <br />13. Miscellaneous <br />A. This Agreement may be executed in one or more counterparts, each of which <br />shall be deemed an original, and all of which, when taken together, shall constitute one <br />and the same instrument. <br />B. This Agreement shall be governed by, and construed in accordance with, the <br />laws of the State of California, with venue in Orange County. <br />C. Each of the undersigned represents and warrants that by its signature <br />hereinbelow each such signatory has the power, authority and right to execute this <br />Agreement. <br />D. All Exhibits referenced herein and attached hereto shall be incorporated as if <br />fully set forth in the body of this Agreement. <br />EXHIBIT 1 <br /> <br />