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jurisdiction, including without implied limitation, federal district court due to any of <br />the following: <br />1. Any diversity of citizenship between the City and the Developer; 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 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 3 <br />— 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. 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 />IX. No Third Party Beneficiaries <br />The performance of the City's and the Developer's respective obligations under <br />this Inclusionary Housing Agreement are not intended to benefit any party other <br />than the City or the Developer, except as expressly provided otherwise herein. <br />No person or entity not a signatory to this Inclusionary Housing Agreement shall <br />have any rights or causes of action against any Party to this Inclusionary Housing <br />Agreement as a result of that Party's performance or non-performance under this <br />Inclusionary Housing Agreement, or for the enforcement of any provisions of this <br />Agreement, except as expressly provided otherwise herein. <br />X. Entire Agreement <br />This Inclusionary Housing Agreement integrates all of the terms and conditions <br />mentioned herein or incidental hereto. This Inclusionary Housing Agreement <br />supersedes all negotiations or previous agreement between the Parties with <br />respect to all or any portion of the Property and the Project thereof. <br />Inclusionary Housing Agreement - In -Lieu Fee Payment Page 13 <br />City of Santa Ana <br />