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i 9. MISCELLANEOUS PROVISIONS. 9.1 Rnles of Construction. The singular includes the plural; the masculine gender includes the feminine; "shall° is mandatory; "may" is permissive. If there is more than one signer of this Ageement, their obligations are joint and several. 9.2 Entire Agreement, Wslvers and Amendments. Ties Agreement constitutes the entire understanding and Agreement of the parties with respect to the matters set forth in this Ageement. This Agreement supersedes all negotiation or previous Ageements between the parties respecting this Ageement. All waivers of the provision of this Agreement must be in writing and signed by the appropriate authorities of City or of Owner. All amendments to this Ageement must be in writing signed by the appropriate authorities of City and Owner, in a form suitable for recording in the Official Records of Orange County, Califomia. Within ten (10) days following the effective date of this Ageement, a copy of this Ageement shall be recorded in the Official Records of Orange County, California. Upon the completion of performance of this Ageement or its revocation or termination, an appropriate Certificate of Completion acknowledging such occurrence signed by the appropriate agents of Owner and City shall be recorded in the Official Records of Orange County, Califomia. 9.3 Protect as s Private Undertaktng. It is specifically understood by the parties that: (a) the Project is a private development for purposes of Government Code Section 65864 et seq.; (b) City has no interest in or responsibilities for or duty to third parties concerning any improvements to the Property or in connection with the Project; and (c) Owner shall have the full power and exclusive control of the Property subject to the obligations of Owner set forth in this Ageement. 9.4 Incorporation of Recitals. The Recitals set forth in Section 1 of this Ageement aze part of this Ageement. 9.5 Captions. The captions of this Agreement are for convenience and reference only, and shall not define, explain, modify, construe, limit, amplify, or aid in the interpretation, constntction, or meaning of any of the provisions of this Ageement. 9.6 Consent. Where the consent or approval of a pazty is required in or necessary under this Agreement, the consent or approval shall not be unreasonably withheld. 9.7 Covenant of Cooperalton. The parties shall cooperate with, deal with each other in good faith, and assist each other in the performance of the provisions of this Ageement. 9.8 Time of Essence. Time is of the essence for each provision of this Agreement of which time is an element. 9.9 ConOicts of Law. Tn the event that state or federal laws or regulations enacted after this Ageement has been entered into or the action or inaction of any other affected 14