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DRAFT <br /> defined and prohibited by applicable law, in the recruitment, selection, training, utilization, <br /> promotion,termination or other related activities.Developer affirms that it is an equal oppoalunity <br /> employer and shall comply with all applicable federal, state and local taws and regulations. <br /> 8.13 Third Party Beneficiaries. No person or entity, other than City and Developer <br /> shall have any right of action based upon any provision of this Agreement. <br /> 8.14 Force Majeuic. Neither Party shall be deemed to be in default where failure or <br /> delay in performance of any of its obligations under this Agreement is caused by floods, <br /> earthquakes, other Acts of God, fires,pandemics as declared by federal, state, or local emergency <br /> resolution, wars, riots or similar hostilities, strikes and other labor difficulties beyond the Party's <br /> control (including the Party's employment force), court actions (such as restraining orders or <br /> injunctions), or other causes beyond the Party's control, including delays by any governmental <br /> entity (although the City may not benefit fiom this provision for a delay that results from City's <br /> failure to perform its obligations under this Agreement),or an insurance company of either party, <br /> If any such events shall occur, the term of this Agreement and the time for performance by either <br /> Party of any of its obligations hereunder may be extended by the written agreement of the Parties <br /> for the period of time that such events prevented such performance. <br /> 8.15 Mutual Covenants, The covenants contained herein are mutual covenants and <br /> also constitute conditions to the concurrent or subsequent performance by the Party benefited <br /> thereby of the covenants to be performed hereunder by such benefited Party. <br /> 8.16 Successors in Interest. The burdens of this Agreement shall be binding upon, <br /> and the benefits of this Agreement shall inure to, all permitted successors in interest to the Parties <br /> to this Agreement. All provisions of this Agreement shall be enforceable as equitable servitudes <br /> and constitute covenants running with the land. Each covenant to do or refrain from doing some <br /> act hereunder with regard to development of the Property: (a) is for the benefit of and is a burden <br /> upon every portion of the Property; (b)runs with the Property and each portion.thereof; and (c)is <br /> binding upon each Party and each successor in interest approved pursuant to this Agreement during <br /> ownership of the Property or any portion thereof. <br /> 8.17 Counter arts. This Agreement may be executed by the Parties in counterparts, <br /> which counterparts shall be construed together and have the same effect as if all of the Parties had <br /> executed the same instrument, <br /> 8.18 Jurisdiction and Venue, Any action at law or in equity under this Agreement or <br /> brought by a Party hereto for the purpose of enforcing, construing or determining the validity of <br /> any provision of this Agreement shall be filed and tried in the Superior Court of the County of <br /> Orange, State of California, or to the extent allowed by law, in the federal court district covering <br /> the City, and the Parties hereto waive all provisions of law providing for the filing, removal or <br /> change of venue to any other court. <br /> 8.19 Project as a Private Undertakes. It is specifically understood and agreed by and <br /> between the Parties hereto that the development of the Project is a private development,that neither <br /> Party is acting as the agent of the other in any respect hereunder, and that each Party is an <br /> independent contracting entity with respect to the terms, covenants and conditions contained in <br /> Page 22 <br /> 55394,00 101\43423140.1 <br />