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. <br /> ' • <br /> 9.09 Binding Effect. <br /> This Agreement shall be binding upon and inure to the benefit of the heirs,administrators,executors, <br /> successors in interest and assigns of each of the Parties hereto except that there shall be no transfer of any <br /> interest by any of the Parties hereto except pursuant to the terms of this Agreement. Any reference in this <br /> Agreement to a specifically named Party shall be deemed to apply to any successor, heir, administrator, <br /> executor or assign of such Party who has acquired an interest in compliance with the terms of this Agreement, <br /> or under law. <br /> 9.10 Parties Not Co-Venturers. <br /> Nothing in this Agreement is intended to or does establish the Parties as partners, co-venturers, or <br /> principal and agent with one another. <br /> 9.11 Time is of the Essence. <br /> In all matters under this Agreement, the Parties agree that time is of the essence. <br /> 9.12 Complete Understanding of the Parties. <br /> This Agreement consists of the text of this Agreement,the Exhibits attached to this Agreement, and <br /> the concurrently executed Settlement Agreement, which together constitutes the entire understaiding and <br /> agreement of the Parties. <br /> 9.13 Waiver. <br /> All waivers of the provisions of this Agreement must be in writing and signed by the appropriate <br /> authorities of the Agency or the Participant, and all amendments hereto must be in writing and signed by the <br /> appropriate authorities of the Agency and the Participant. <br /> 9.14 Good Faith. <br /> The Parties recognize that it is impractical in this Agreement to provide for every contingency which <br /> may arise during the life of the Agreement, and the Parties hereby agree that it is their intention that this <br /> Agreement shall operate fairly between them and without detriment to the interests of either of them,and that, <br /> if during the term of this Agreement either Party believes that this Agreement is operating unfairly, :he Parties <br /> will use their best efforts to agree on such action as may be necessary to remove the cause(s) of such <br /> unfairness. <br /> 9.15 Recordation. <br /> Agency is authorized to record together but not separately, with the Recorder of the County of <br /> Alameda, California: (1)This Agreement and any amendments thereto,and (2)the Settlement Agreement to <br /> which this Agreement relates. <br /> Owner Participation Agreement Page 17 of 18 <br />