|
PLANNING COMMISSION DRAFT
<br />8.6 Section HeadinLs. All section headings and subheadings are inserted for
<br />convenience only and shall not affect any construction or interpretation of this Agreement.
<br />8.7 Singular and Plural. As used herein, the singular of any word includes the plural,
<br />and vice versa, as context so dictates. Masculine, feminine, and neuter forms of any word include
<br />the other as context so dictates.
<br />8.8 Joint and Several Obligations. If at any time during the term of this Agreement
<br />the Property and/or Project is owned, in whole or in part, by more than one Developer, all
<br />obligations of such Developer under this Agreement shall be joint and several, and the default of
<br />any such Developer shall be the default of all such Developers.
<br />8.9 Time of Essence. Time is of the essence in the performance of the provisions of
<br />this Agreement as to which time is an element.
<br />8.10 Commutation of Da�-s. Unless otherwise specified in this Agreement or any
<br />Exhibit attached hereto, use of the term "days" shall mean calendar days. For purposes of this
<br />Agreement and all Exhibits attached hereto, "business days" shall mean every day of the week
<br />except Saturdays, Sundays, official State holidays as recognized in Government Code Section
<br />19853(a) or successor statute, and any days in which Santa Ana City Hall is closed for business.
<br />8.11 Waiver. Failure by a Party to insist upon the strict performance of any of the
<br />provisions of this Agreement by the other Party, or the failure by a Party to exercise its rights upon
<br />the default of the other Party, shall not constitute a waiver of such Party's right to insist and demand
<br />strict compliance by the other Party with the terms of this Agreement thereafter.
<br />8.12 Non -Discrimination. In performing its obligations under this Agreement,
<br />Developer shall not discriminate because of race, color, creed, religion, sex, gender, gender
<br />identity, gender expression, marital status, sexual orientation, familial status, source of income,
<br />veteran or military status, age, national origin, ancestry, disability or genetic information, as
<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 opportunity
<br />employer and shall comply with all applicable federal, state and local laws 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 Maieure. 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 from 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 />Page 23
<br />5 5394.0010 1 \4372495 1.1
<br />
|