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. - '761 <br />representation respecting the matters dealt with herein or <br />the duties of any party in relation thereto, not expressly <br />set forth in this Development Agreement, is null and void. <br />21. Recordation of Agreement. This Development <br />Agreement and any amendment and cancellation hereof shall be <br />recorded in the Official Records of the County of Orange by <br />the Clerk of the City within the period required by Section <br />65868.5 of the Government code. <br />22. Severability. If any term provision, condition, <br />or covenant of this Development Agreement, or the application <br />thereof to any party or circumstances, shall to any extent be <br />held invalid or unenforceable, the remainder of the <br />instrument, or the application of such term, provision, <br />condition or covenant to persons or circumstances other than <br />those as to whom or which it is held invalid or <br />unenforceable, shall not be affected thereby and each term <br />and provision of this Development Agreement shall be valid <br />and enforceable to the fullest extent permitted by law. <br />23. Section Headings. All section headings and <br />subheadings are inserted for convenience only and shall not <br />affect any construction or interpretation of this Development <br />Agreement. <br />24. Counterparts. This Development Agreement has <br />been executed in one or more counterparts, each of which has <br />been deemed an original, but all of which constitute one and <br />the same instrument. <br />25. Time of Essence. Time is of the essence in the <br />performance of the provisions of this Development agreement <br />as to which time is an element. <br />26. Date. This Development Agreement shall be dated <br />as of the date of adoption of an ordinance of the City <br />approving this Development Agreement, it being understood <br />that such an ordinance shall not have been submitted to the <br />city Council for adoption until after the execution of this <br />Development Agreement by Developer. This Development <br />Agreement shall become effective on the date said ordinance <br />becomes effective. <br />3C41 \'SEC \CAL -•PAC \CAS. =PAC . AG4 13 <br />'WA <br />