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Orange County, California. Each Party hereto irrevocably consents to the <br />personal jurisdiction of that court. The City and the Developer each hereby <br />expressly waive the benefit of any provision of federal or state law or judicial <br />decision providing for the filing, removal, or change of venue to any other court or <br />jurisdiction, including without implied limitation, federal district court due to any of <br />the following: <br />A. Any diversity of citizenship between the City and the Developer; or <br />B. The fact that the City is a party to such action or proceeding; or <br />C. That a federal question or federal right is involved or alleged to be <br />involved. <br />Without limiting the generality of the foregoing, the Developer and the City <br />specifically waive any rights provided to it pursuant to California Code of Civil <br />Procedure 394. The Developer acknowledges that the provisions of this Article 4 <br />— Section XVI are material consideration to the City for its entry into this <br />Inclusionary Housing Agreement, in that the City will avoid the potential cost, <br />expense and inconvenience of litigating in a distant forum. <br />XVIL Inspection of Books and Records <br />To enforce its rights under this Inolusionary Housing Agreement, the City shall <br />have the right at all reasonable times, at the City's cost and expense, to inspect <br />the books and records of the Developer pertaining to the Property. Matters <br />discovered by the, City shall not be disclosed to third parties unless required by <br />law, or unless otherwise resulting from or related to the pursuit of any remedies <br />or the assertion of any rights of the City hereunder. <br />XVIIL Successors and Assigns <br />This Inclusionary Housing Agreement shall be binding upon, and inure to the <br />benefit of, the Parties hereto and their respective heirs, executors, <br />administrators, legal representatives, successors and assigns. The rights of <br />Developer under this Inclusionary Housing Agreement may not be transferred or <br />assigned unless the written consent of the City Council is first obtained and any <br />transfer or assignment of the rights under this Agreement shall include in writing <br />the assumption of the duties, obligations, and liabilities arising from this <br />Agreement if the City grants written consent to transfer the rights. <br />Incluslonary Housing Agreement Page 14 <br />City of Santa Ana Fegruary 17, 2015 <br />1603114 \1654522.2 <br />25G -16 <br />