75A - PH - AMEND DEV AGMT 1901 E FIRST ST

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9.3 Project as a Private Undertaking. 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 First Amend and Restated_ Develo_?merlf Agreement. 9.4 Incorporation of Recitals. The Recitals set forth in Section 1 of this First Arnon.ded-artd R-e-stated-Development Agreement are part of this First Amended and Restated Develolimomit Agreement. 9.5 Captions. The captions of this Fir-st__Amended__ and Restated Development Agreement are for convenience and reference only, and shall not define, explain, modify, construe, limit, amplify, or aid in the interpretation, construction, or meaning of any of the provisions of this First Amended and Restated Devel o nent Agreement. 9.6 Consent. Where the consent or approval of a panyl?" is required iFlby or necessary under this First Amended and Restated Development Agreement, the consent or approval shall not be unreasonably withheld. 9.7 Covenant of Cooperation. The partiesParties shall cooperate with; and deal with each other in good faith;-ands ! assist each other to the extent needed in the performance of the provisions of this First Amended and Restated Development Agreement. 9.8 Time of Essence. Time is of the essence for each provision of this First Amended and Restated Develo m n Agreement of which time is an element. 9.9 Conflicts of Law. In the event that state or federal laws or regulations enacted after this Firs Amended a.t_d Rested Development Agreement has been entered into or the action or inaction of any other affected governmental jurisdiction prevent or preclude compliance with one or more provisions of this EJ-ratA mended and Restated Develo meat Agreement or require changes in plans, maps, or permits approved by the City, the parties shall provide the other party with written notice of such state or federal restriction, provide a copy of such regulation or policy, and a statement of conflict with the provisions of this First._ Amended_ and_tated Develo ment Agreement. The parties i s shall, within thirty (30) days, meet and confer in good faith in a reasonable attempt to modify this _Fir3t 6594201.619\4217944544M205 -27- 75A-83