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applicability of the provisions of this Development Agreement to such <br />Mortgagee as it relates to parcels other than the Mortgage Parcel, and /or <br />such other terms and provisions as are customarily required by <br />Mortgagees (taking into account the customary requirements of their <br />participants, syndication partners or ratings agencies) in connection with <br />any such financing; provided, however, that no such Estoppel Certificate <br />shall in any way materially adversely affect any rights of the City or <br />increase any obligations of City under this Development Agreement. <br />8.12 Conflicts. If there is any conflict between this Section 8 and any other <br />provision contained in this Development Agreement, this Section 8 shall <br />control. <br />9. MISCELLANEOUS PROVISIONS. <br />9.1 Rules of Construction. The singular includes the plural; the masculine <br />gender includes the feminine; "shall" is mandatory; "may" is permissive. If <br />there is more than one signer of this Development Agreement, their <br />obligations are joint and several. <br />9.2 Entire Agreement, Waivers and Amendments. This Development <br />Agreement constitutes the entire understanding and agreement of the <br />Parties with respect to the matters set forth in this Development <br />Agreement. This Development Agreement supersedes all negotiation or <br />previous agreements between the Parties respecting this Development <br />Agreement. All waivers of any provision of this Development Agreement <br />must be in writing and signed by the appropriate authorities of City or of <br />Owner. All amendments to this Development Agreement must be in <br />writing signed by the appropriate authorities of City and Owner, in a form <br />suitable for recording in the Official Records of Orange County, California. <br />Upon the completion of performance of this Development Agreement or its <br />revocation or termination, an appropriate Certificate of Completion <br />acknowledging such occurrence signed by the appropriate agents of <br />Owner and City shall be recorded in the Official Records of Orange <br />County, California. <br />9.3 Project as a Private Undertaking. It is specifically understood by the <br />parties that: (a) the Project is a private development for purposes of <br />Government Code Section 65864 et seq.; (b) City has no interest in or <br />responsibilities for or duty to third parties concerning any improvements to <br />the Property or in connection with the Project; and (c) Owner shall have <br />the full power and exclusive control of the Property subject to the <br />obligations of Owner set forth in this Development Agreement. <br />9.4 Incorporation of Recitals. The Recitals set forth in Section 1 of this <br />Development Agreement are part of this Development Agreement. <br />11 A -40 <br />