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EXHIBIT 2
<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 Computation of Days, Unless otherwise specified in this Agreement or any Exhibit
<br /> attached hereto,use of the term"days" shall mean calendar days. For purposes of this Agreement
<br /> and all Exhibits attached hereto, "business days" shall mean every day of the week except
<br /> ,Saturdays, Sundays, official ,State holidays as recognized in Government Code Section 19$53(a)
<br /> 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, Owner
<br /> shall not discriminate because of race,color,creed,religion,sex,marital status, sexual orientation,
<br /> gender identity, gender expression, gender, medical conditions, genetic information,military and
<br /> veteran status,age,national origin,ancestry,or disability, as defined and prohibited by applicable
<br /> law, in the recruitment, selection, training, utilization, promotion, termination or other related
<br /> activities. Owner affirms that it is an equal opportunity employer and shall comply with all
<br /> applicable federal, state and local laws and regulatiocts.
<br /> 8,13 Third P2u.1y Beneficiaries. No persons of entity, other than City and Owner shall
<br /> have any right of action based upon any provision of this Agreement. E
<br /> 8.14 Force Ma1eure. 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 also �
<br /> constitute conditions to the concurrent or subsequent performance by the Party benefited thereby
<br /> 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, and
<br /> the benefits of this Agreement shall inure to, all permitted successors in interest to the Parties to
<br /> this Agreement. All provisions of this Agreement shall be enforceable as cgtaitable servitudes and
<br /> constitute covenants running with the land. Each covenant to do or refrain from: doing some act
<br /> hereunder with regard to the Property, (a)is for the benefit of and is a burden upon.every portion
<br /> of the Property; (b) runs with the Property and each portion thereof, and (c) is binding upon each
<br /> City Council 16 — 74 5/19/2026
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