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<br /> 31 <br /> <br /> <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 />9.14. Attorneys’ Fees. <br />Should any legal action be brought by either Party because of a breach of this <br />Development Agreement or to enforce any provision of this Development Agreement, the <br />prevailing party shall be entitled to reasonable attorneys’ fees, experts’ fees, court costs, and <br />such other costs as may be found by the court. <br />9.15. Third Party Beneficiaries. <br />Except as otherwise provided herein, City and Developer hereby renounce the existence <br />of any third party beneficiary to this Development Agreement and agree that nothing contained <br />herein shall be construed as giving any other person or entity third party beneficiary status. <br />9.16. Constructive Notice and Acceptance. <br />Every person who now or hereafter owns or acquires any right, title or interest in or to <br />any portion of the Property is and shall be conclusively deemed to have consented and agreed to <br />every provision contained herein, whether or not any reference to this Development Agreement <br />is contained in the instrument by which such person acquired an interest in the Property. <br />9.17. Counterparts. <br />This Development Agreement may be executed by each Party on a separate signature <br />page, and when the executed signature pages are combined, shall constitute one single <br />instrument.