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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 Majeure. 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 /> 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.
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<br /> 2130 East Fourth Street Density Bonus Agreement
<br /> 55394.00101\43846773.1
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