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VIII. Severability <br />If any one or more of the provisions contained in this Inclusionary Housing <br />Covenants Declaration for any reason shall be held to be invalid, illegal or <br />unenforceable in any respect, then such provision or provisions shall be deemed <br />severable from the remaining provisions contained in this Inclusionary Housing <br />Covenants Declaration, and this Inclusionary Housing Covenants Declaration <br />shall be construed as if such invalid, illegal or unenforceable provisions had <br />never been contained herein. <br />IX. Time of the Essence <br />Time is of the essence for this entire Inclusionary Housing Covenants <br />Declaration. Whenever the time for performance falls on a day which is not a <br />business day, such time for performance shall be extended to the next business <br />day. <br />X. Covenants Running with the Land <br />All provisions of this Inclusionary Housing Covenants Declaration, including the <br />benefits and burdens, are equitable servitudes, run with the land and are binding <br />upon the heirs, successors, assigns and personal representatives of the Owner <br />hereto and inure to the benefit of the City and permitted successors and assigns. <br />The covenants benefit and bind the City, the Inclusionary Unit and the Owner <br />thereto. Each and every contract, deed or other instrument covering, conveying <br />or otherwise transferring the Inclusionary Unit or any interest therein shall <br />conclusively be held to have been executed, delivered and accepted subject to <br />this Inclusionary Housing Covenants Declaration regardless of whether the other <br />party or parties have actual knowledge of this Inclusionary Housing Covenants <br />Declaration. <br />XI. Construction <br />The rule of strict construction does not apply to this Inclusionary Housing <br />Covenants Declaration. This Inclusionary Housing Covenants Declaration shall <br />be given a reasonable construction to prevent any use of the Inclusionary Unit in <br />violation of this Inclusionary Housing Covenants Declaration. Whenever the <br />context and construction so requires, all words used in the singular shall be <br />deemed to be used in the plural, all masculine pronouns shall include the <br />feminine and neuter, and vice versa. <br />Inclusionary Housing Covenants Declaration Page 30 <br />City of Santa Ana January 2015 <br />32A-97 <br />