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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. <br /> 31 <br />