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I . Any diversity of citizenship between the City and the Property Owner; or <br />2. The fact that the City is a party to such action or proceeding; or <br />3. That a federal question or federal right is involved or alleged to be <br />involved. <br />Without limiting the generality of the foregoing, the Property Owner and the City <br />specifically waive any rights provided to it pursuant to California Code of Civil <br />Procedure 394. The Property Owner acknowledges that the provisions of this <br />Article 3 — Section VII 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 />VIII. Inspection of Books and Records <br />To enforce its rights under this Inclusionary Housing Agreement, the City shall <br />have the right at all reasonable times and upon reasonable advance notice, at <br />the City's cost and expense, to inspect the books and records of the Property <br />Owner that are not privileged, confidential, trade secrets or otherwise protected <br />from disclosure and that pertain to the rental of the Inclusionary Units at the <br />Property. Matters discovered by the City shall not be disclosed to third parties <br />unless required by law, or unless otherwise resulting from or related to the <br />pursuit of any remedies or the assertion of any rights of the City hereunder <br />subject to, however, any right of the Property Owner to seek a protective order to <br />prevent the disclosure of any confidential or privileged information. <br />IX. 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. <br />X. No Third Party Beneficiaries <br />The performance of the City's and the Property Owner's respective obligations <br />under this Inclusionary Housing Agreement are not intended to benefit any party <br />other than the City or the Property Owner, except as expressly provided <br />otherwise herein. No person or entity not a signatory to this Inclusionary Housing <br />Agreement shall have any rights or causes of action against any Party to this <br />Inclusionary Housing Agreement as a result of that Party's performance or non- <br />Inclusionary Housing Agreement— Rental Project Page 22 <br />City of Santa Ana September 18, 2014 <br />