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or state law or regulation pursuant to Government Code Section <br />65869.5. At the hearing Owner shall have the right to offer oral and <br />written testimony. <br />9.11 Severability. If any term, provision, covenant or condition of this <br />Agreement shall be determined invalid, void or unenforceable, the <br />remainder of this Agreement shall not be affected thereby to the extent <br />such remaining provisions are not rendered impractical to perform taking <br />into consideration the purposes of this Development Agreement. <br />9.12 Interpretation and Governing Law. This Agreement and any dispute <br />arising hereunder shall be governed and interpreted in accordance with <br />the laws of the State of California. This Agreement shall be construed as <br />a whole according to its fair language and common meaning to achieve <br />the objectives and purposes of the Parties hereto, and the rule of <br />construction to the effect that ambiguities are to be resolved against the <br />drafting Party shall not be employed in interpreting this Development <br />Agreement, all Parties having been represented by counsel in the <br />negotiation and preparation hereof. <br />9.13 Jurisdiction and Venue. Any action at law or in equity arising under this <br />Development Agreement or brought by a Party hereto for the purpose of <br />enforcing, construing or determining the validity of any provision of this <br />Agreement shall be filed and tried in the Superior Court of the County of <br />Orange, State of California, and the Parties hereto waive all provisions of <br />law providing for the filing, removal or change of venue to any other court. <br />9.14 Counterparts. This Agreement may be executed by the Parties in <br />counterparts, which counterparts shall be construed together and have the <br />same effect as if all of the Parties had executed the same instrument. <br />9.15 Recording. The City Clerk shall cause a copy of this Development <br />Agreement to be recorded with the Office of the County Recorder of <br />Orange County, California, within ten (10) days following the effective date <br />of this Development Agreement. <br />23 <br />