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9.9. Estoppel Certificates <br />Either Party may, at any time during the Term of this Development Agreement, and from <br />time to time, deliver written notice to the other Party requesting such Party to certify in writing <br />that, to the knowledge of the certifying Party, (i) this Development Agreement is in full force and <br />.effect and a binding obligation of the Parties, (ii) this Development Agreement has not been <br />amended or modified either orally or in writing, or if amended; identifying the amendments, <br />(iii) the requesting Party is not in default in the performance of its obligations under this <br />Development Agreement, or if in default, to describe therein the nature and amount of any such <br />defaults, and (iv) any other information reasonably requested. The Party receiving a request <br />hereunder shall execute and return such certificate or give a written, detailed response explaining <br />why it will not do so within twenty (20) days following the receipt thereof. The failure of either <br />Party to provide the requested certificate within such twenty (20) day period shall constitute a <br />confirmation that this Agreement is in full force and effect and no modification or default exists. <br />Either the City Manager or the Community Development Director shall have the right to execute <br />any certificate requested by Developer hereunder. City acknowledges that a certificate <br />hereunder may be relied upon by transferees and Mortgagees. <br />9.10. Recordation <br />Pursuant to California Government Code Section 65868.5, within ten (10) days after the <br />later of execution of the Parties of this Development Agreement or the Effective Date, the City <br />Clerk shall record this Development Agreement with the Alameda County Recorder. Thereafter, <br />if this Development Agreement is terminated, modified or amended, the City Clerk shall record <br />notice of such action with the Alameda County Recorder. <br />9.11. No Waiver <br />No delay or omission by either Party in exercising any right or power accruing upon <br />noncompliance or failure to perform by the other Party under any of the provisions of this <br />Development Agreement shall impair any such right or power or be construed to be a waiver <br />thereof. A waiver by either Party of any of the covenants or conditions to be performed by the <br />other Party shall be in writing and signed by a duly authorized representative of the Party against <br />whom enforcement of a waiver is sought, and any such waiver shall not be construed as a waiver <br />of any succeeding breach or non - performance of the same or other covenants and conditions <br />hereof. <br />9.12. Time Is of the Essence. <br />Time is of the essence for each provision of this Development Agreement for which time <br />is an element. <br />9.13. Applicable Law <br />This Development Agreement shall be construed and enforced in accordance with the <br />laws of the State of California. <br />25 <br />