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9.8. Entire Agreement. This Development Agreement is executed in two (2) duplicate originals, each of which is deemed to be an original. This Development Agreement consists of 32 pages including the Recitals, and five (5) exhibits and one (1)appendix, attached hereto and incorporated by reference herein,which,together with the Project Approvals, constitute the entire understanding and agreement of the Parties and supersedes all negotiations or previous agreements between the Parties with respect to all or any part of the subject matter hereof. The exhibits and appendices are as follows: Exhibit A Legal Description of the Property Exhibit B Map of the Property Exhibit C Walkway Improvements Exhibit D Landscaping and Public Outdoor Activity Improvements Exhibit E Impact Fees Appendix I Definitions 9.9. Estoppel Certificates. Either Party may,at any time during the Term of this Development Agreement, and from time to time, deliver written notice to the other Party requesting such Party to certify in writing that,to the knowledge of the certifying Party, (i)this Development Agreement is in full force and effect and a binding obligation of the Parties, (ii)this Development Agreement has not been amended or modified either orally or in writing, or if amended; identifying the amendments, (iii)the requesting Party is not in default in the performance of its obligations under this Development Agreement, or if in default,to describe therein the nature and amount of any such defaults, and(iv) any other information reasonably requested. The Party receiving a request hereunder shall execute and return such certificate or give a written, detailed response explaining why it will not do so within twenty (20)days following the receipt thereof. The failure of either Party to provide the requested certificate within such twenty(20) day period shall constitute a confirmation that this Agreement is in full force and effect and no modification or default exists. Either the City Manager or the Community Development Director shall have the right to execute any certificate requested by Developer hereunder. City acknowledges that a certificate hereunder may be relied upon by transferees and Mortgagees. 9.10. Recordation. Pursuant to California Government Code Section 65868.5,within ten (10) days after the later of execution of the Parties of this Development Agreement or the Effective Date,the City Clerk shall record this Development Agreement with the Alameda County Recorder. Thereafter, if this Development Agreement is terminated,modified or amended,the City Clerk shall record notice of such action with the Alameda County Recorder. 30