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requested by any proposed Mortgagee for the purpose of implementing the Mortgagee protection provisions contained in this Section 8 and allowing such Mortgagee reasonable means to protect or presence the lien and security interest of its Mortgage hereunder, clarifying the non - applicability of the provisions of this First Amended and —R-Qstate-d D yel4Lent Agreement to such Mortgagee as it relates to parcels other than the Mortgage Parcel, and /or such other terms and provisions as are customarily required by Mortgagees (taking into account the customary requirements of their participants, syndication partners or ratings agencies) in connection with any such financing; provided, however, that no such Estoppel Certificate shall in any way materially adversely affect any rights of the City or increase any obligations of City under this First Am- ftded-and-Restated -Do als? r Agreement. 8.12 Conflicts. If there is any conflict between this Section 8 and any other provision contained in this First Am- ended. -anal- F_es_tator Devolopment Agreement, this Section 8 shall control, 9. MISCELLANEOUS PROVISIONS. 9.1 Rules of Construction. The singular includes the plural; the masculine gender includes the feminine; "shall' is mandatory; "may' is permissive. If there is more than one signer of this First _AL QrLded -. -and_ restated P lor�-tt'teW Agreement, their obligations are joint and several. 9.2 Entire Agreement, Waivers and Amendments. This Elrst Amended and Restated C?evelo.WeDt Agreement constitutes the entire understanding and Agreerneatagreo en of the parttesPartieas with respect to the matters set forth in this fimt Amended and Restated PyXq Qament Agreement. This First Amended and R-eatated Cevetonmen-t Agreement supersedes all negotiation or previous Agr emsrrtsagreemente between the parties `es respecting this El st Amended 4nd_ Restate ®eveiot�ment Agreement. All waivers of theLAny, provision of this Agreement must be in writing and signed by the appropriate authorities of City or of Owner, All amendments to this First Ar doel._and —Re—sl ,e Qey A]gW Agreement must be in writing signed by the appropriate authorities of City and Owner, in a form suitable for recording in the Official Records of Orange County, California. Upon the completion of performance of this First Amended_. and- _3?tate� e e me Agreement or its revocation or termination, an appropriate Certificate of Completion acknowledging such occurrence signed by the appropriate agents of Owner and City shall be recorded in the Official Records of Orange County, California. 63WaaMAJ902-37W 554±1883205 —26— 75A -82