60A - 4TH AND MAIN MIX USE DEVELOPMENT

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9.4 Severability. If any term, provision, covenant or condition of this Agreement shall be determined invalid, void or unenforceable, the remainder of this Agreement shall not be affected thereby to the extent such remaining provisions are not rendered impractical to perform, taking into consideration the purposes of this Agreement. 9.5 Interpretation and Governing Law. This Agreement and any dispute hereunder shall be governed and interpreted in accordance with the laws of the State of California without regard to conflict of law principles. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the Parties hereto, and the rule of construction to the effect that ambiguities are to be resolved against the drafting Party shall not be employed in interpreting this Agreement, all Parties having been represented by counsel in the negotiation and preparation hereof. 9.6 Section Headings. All section hAintei dings are inserted for convenience only and shall not affect any constructithis Agreement. 9.7 Singular and Plural. As used herein,-d includes the plural, and vice versa, as context so dictates. Masculine, fes of any word include the other as context so dictates. 9.8 Joint and Several Obligations. V +1�7 ne term of this Agreement the Property and/or Project is owned, in whole or in r_ 101, an one Developer, all obligations of such Developer under this Agreement 11 rim sveral, and the default of any such Developer shall be the default of all stv to srF 9.9 Time of Essence r. es, ,nce in the performance of the provisions of this Agreement as to which tir ,a _111 9.10 Com uuttatio•- -rDa Ui. otherwise specified in this Agreement or any Exhibit attached hereto, use of fl 'ay '1911 mean calendar days. For purposes of this Agreement and all Exhibits att4p, 9 .mess days" shall mean every day of the week except Saturdays, Sundays, officia holidays as recognized in Government Code Section 19853(a) or successor statute, and any days in which Santa Ana City Hall is closed for business. 9.11 Waiver. Failure by a Party to insist upon the strict performance of any of the provisions of this Agreement by the other Party, or the failure by a Party to exercise its rights upon the default of the other Party, shall not constitute a waiver of such Party's right to insist and demand strict compliance by the other Party with the terms of this Agreement thereafter. 9.12 Non -Discrimination. In performing its obligations under this Agreement, Developer shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other related activities. Developer affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 17 60A-200