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<br />The parties hereby agree that City shall have the right to enforce all of the terms and <br />conditions herein. <br /> <br />6. General Provisions. <br /> <br />6.1 Modification. No modification to this Agreement shall be binding upon any party <br />unless such modification is in writing and is signed by the party to be bound. <br /> <br />6.2 Successors and Assiqns. This Agreement shall be binding upon and inure to the <br />benefit of Developer and City and each of their respective successors and assigns. <br /> <br />6.3 Governinq Law. This Agreement shall be governed by and construed in <br />accordance with the laws of the State of California. <br /> <br />6.4 Severability. If any provision of this Agreement, or application therefore to any <br />person or circumstance, shall to any extent be determined to be invalid, then such provision shall <br />be modified, if possible, to fulfill the intent of the parties as reflected in the original provision. The <br />remainder of this Agreement, or the application of such provision to persons or circumstances <br />other than those as to which it is held invalid, shall not be affected thereby, and each provision of <br />this agreement shall be valid and enforced to the fullest extent permitted by law. <br /> <br />6.5 No Waiver. No waiver by either party of any default by the other party in the <br />performance of any provision of this Agreement shall operate as or be construed as a waiver of <br />any future default, whether like or different in character. <br /> <br />6.6 Counterparts. This Agreement may be executed in any number of counterparts, <br />all of which together shall constitute one original Agreement. <br /> <br />6.7 Rule of Construction. The parties hereto acknowledge that they each enter into <br />this Agreement after having had an opportunity for thorough review by, and on advice of, their <br />respective legal counsel. The judicial rule of construction requiring or allowing an instrument to be <br />construed to the detriment of or against the interests of the maker thereof shall not apply to this <br />Agreement. <br /> <br />IN WITNESS WHEREOF, the Agency and Developer have executed this Inclusionary <br />Housing Agreement as of the day and year written below. <br /> <br />DEVELOPER <br /> <br />BY]')~ <br />Printed Name: D vid Lanqon <br />Printed Title: Manaqer <br />Date: July 27, 2007 <br /> <br />988076-1 <br /> <br />5 <br />