Federal law, whii;buver is more -stringent, Developer irrevocably and unconditio nail y
<br />submits to the jurisdiction of the Superior Court of the State of California for the County
<br />of Orange or the United States District Court of the Central District of California, as City
<br />may deem appropriate, in connection with any legal action or proceeding arising out of or
<br />relating to this Agreement or the Loan Documents, Assuming proper service of process,
<br />Developer also waives any objection regarding personal or in rern jurisdiction or venue,
<br />19.8 SeverabilitX, of Provisions. No provision of any Loan Document, that is
<br />hold to be unenforoeable or invalid shall affect the remaining provisions, and to this end
<br />all provisions of the Loan Documents are hereby declared to be severable,
<br />19,9 Headings, Article and section headings are included in the Loan
<br />Documents far convenience of reference only and shall not be used in construing the
<br />Loan Document&
<br />19,10 Conflicts. In the event of any conflict between the provisions of this
<br />Agreement and those of any other Loan Document, this Agreement, unless otherwisio
<br />expressly provided, shall prevail; provided however that, with respect to any matter
<br />addressed in both such documents, the fact that one document provides for greater, lesser
<br />or different rights or obligations Lhan the other shall not be deemed a conflict tinless the
<br />applicable provisions are inconsistent and could not be simultaneously enforced or
<br />perfornied,
<br />19.11 Time of the Essence. Thric is of the essence tinder this Agreement and in
<br />the performance of every term, covenant,, and obligation contained herein,
<br />19.12 Conflict of Internt. No tricraber, official or employee of the City shall
<br />have any director indirect interest in this Ag7cement, nor participate in any decision
<br />relating to the Agreement which is prohibited by law.
<br />19.13 Warrants= Ag-,tinstPai�mentofConsid(rtition, Developerwarrantstliat
<br />it has not paid or given, and will not pay or give, any third person any inoney or other
<br />consideration for obtaining this Agreement,
<br />19.14 Nonriabifi_",,,ofC!IyOfFicials and Eml2loyee,4, Nornernbcrofficialor
<br />employee of City shalt be personally liable to Developer, or any successor in interest, in
<br />the event of any default or breach by City or for any amount which may become due to
<br />Developer or successor, or on any obligation tinder the terms of this Agreement.
<br />19.15 Plans and Data, Where Developer does not proceed with the
<br />development of the Ptoporty, and when this Agreement is terminated with respect thereto
<br />for any reason, Developer shall deliver to City any and all plans and data concerning the
<br />Property, and City or any person or entity designated by City shall have the right to use
<br />such plans and data without compensation in Developer, Snub right of City shall be
<br />subject to any right of the preparer or the plans to their use,
<br />19.d6 Am tho rity to Enter A . igned represents Indwarrants
<br />greement, Each undcra
<br />that its signature liercinbelov,, has the power, authority and right to bind their respective
<br />39
<br />25B-45
<br />
|