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2890662.3 50 <br />11.9 Time is of the Essence. Time is of the essence in the performance of this <br />Agreement. <br />11.10 Governing Law. This Agreement shall be construed in accordance with <br />the laws of the State of California without regard to principles of conflicts of law. <br />11.11 Attorneys' Fees and Costs. If any legal or administrative action is <br />brought to interpret or enforce the terms of this Agreement, the prevailing party shall be <br />entitled to recover all reasonable attorneys' fees and costs incurred in such action. <br />11.12 Severability. If any provision of this Agreement is held invalid, illegal, or <br />unenforceable by a court of competent jurisdiction, the validity, legality, and <br />enforceability of the remaining provisions shall not be affected or impaired thereby. <br />11.13 Entire Agreement; Exhibits. This Agreement, together with the City <br />Documents contains the entire agreement of Parties with respect to the subject matter <br />hereof, and supersedes all prior oral or written agreements between the Parties with <br />respect thereto. The exhibits attached hereto are incorporated herein by this reference. <br />11.14 Counterparts. This Agreement may be executed in multiple counterparts, <br />each of which shall be an original and all of which together shall constitute one <br />agreement. <br />SIGNATURES ON FOLLOWING PAGE. <br />IN WITNESS WHEREOF, the Parties have executed this Affordable Housing <br />Regulatory Agreement and Declaration of Restrictive Covenants as of the date first <br />written above. <br />EDEN HOUSING, INC., <br />a California non-profit public benefit <br />corporation <br /> By: _____________________ <br /> Name: ___________________ <br /> Title: _____________________ <br />CITY OF SAN LEANDRO, <br />a California charter city <br />By:_______________________________ <br />Name:_______________________________ <br />City Manager <br />ATTEST: <br />By: ___________________________ <br />City Clerk <br />APPROVED AS TO FORM: <br />By: ___________________________ <br />City Attorney <br />72