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8.12 Conflicts. If there is any conflict between this Section 8 and any other <br />provision contained in this First Amended and Restated Development <br />Agreement, this Section 8 shall control. <br />9. MISCELLANEOUS PROVISIONS. <br />9.1 Rules of Construction. The singular includes the plural; the masculine <br />gender includes the feminine; "shall" is mandatory; "may" is permissive. If <br />there is more than one signer of this First Amended and Restated <br />Development Agreement, their obligations are joint and several. <br />9.2 Entire Agreement, Waivers and Amendments. This First Amended and <br />Restated Development Agreement constitutes the entire understanding <br />and agreement of the Parties with respect to the matters set forth in this <br />First Amended and Restated Development Agreement. This First <br />Amended and Restated Development Agreement supersedes all <br />negotiation or previous agreements between the Parties respecting this <br />First Amended and Restated Development Agreement. All waivers of any <br />provision of this First Amended and Restated Development Agreement <br />must be in writing and signed by the appropriate authorities of City or of <br />Owner. All amendments to this First Amended and Restated Development <br />Agreement must be in writing signed by the appropriate authorities of City <br />and Owner, in a form suitable for recording in the Official Records of <br />Orange County, California. Upon the completion of performance of this <br />First Amended and Restated Development Agreement or its revocation or <br />termination, an appropriate Certificate of Completion acknowledging such <br />occurrence signed by the appropriate agents of Owner and City shall be <br />recorded in the Official Records of Orange County, California. <br />9.3 Project as a Private Undertaking. It is specifically understood by the <br />parties that: (a) the Project is a private development for purposes of <br />Government Code Section 65864 et seq.; (b) City has no interest in or <br />responsibilities for or duty to third parties concerning any improvements to <br />the Property or in connection with the Project; and (c) Owner shall have <br />the full power and exclusive control of the Property subject to the <br />obligations of Owner set forth in this First Amended and Restated <br />Development Agreement. <br />9.4 Incorporation of Recitals. The Recitals set forth in Section 1 of this First <br />Amended and Restated Development Agreement are part of this First <br />Amended and Restated Development Agreement. <br />9.5 Captions. The captions of this First Amended and Restated Development <br />Agreement are for convenience and reference only, and shall not define, <br />067619A5448832v5 24 <br />75A-255