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9.2 Entire Agreement, Waivers and Amendments. This Development <br />Agreement constitutes the entire understanding and agreement of the <br />Parties with respect to the matters set forth in this Development <br />Agreement. This Development Agreement supersedes all negotiation or <br />previous agreements between the Parties respecting this Development <br />Agreement. All waivers of any provision of this Development Agreement <br />must be in writing and signed by the appropriate authorities of City or of <br />Owner. All amendments to this Development Agreement must be in <br />writing signed by the appropriate authorities of City and Owner, in a form <br />suitable for recording in the Official Records of Orange County, California. <br />Upon the completion of performance of this Development Agreement or its <br />revocation or termination, an appropriate Certificate of Completion <br />acknowledging such occurrence signed by the appropriate agents of <br />Owner and City shall be recorded in the Official Records of Orange <br />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 at 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 Development Agreement. <br />9.4 Incorporation of Recitals. The Recitals set forth in Section 1 of this <br />Development Agreement are part of this Development Agreement, <br />9.5 Captions. The captions of this Development Agreement are for <br />convenience and reference only, and shall not define, explain, modify, <br />construe, limit, amplify, or aid in the interpretation, construction, or <br />meaning of any of the provisions of this Development Agreement. <br />9.6 Consent. Where the consent or approval of a Party is required by or <br />necessary under this Development Agreement, the consent or approval <br />shall not be unreasonably withheld. <br />9.7 Covenant of Cooperation. The Parties shall cooperate with and deal <br />with each other in good faith. They will assist each other to the extent <br />needed In the performance of the provisions of this Development <br />Agreement. <br />9.8 Time of Essence. Time is of the essence for each provision of this <br />Development Agreement of which time is an element. <br />9.9 Force Majeure. Neither Party shall be deemed to be in default where <br />failure or delay in performance of any of its obligations under this <br />Agreement is caused by floods, earthquakes, other Acts of God, fires, <br />75A -85 <br />