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Agreement. The language of this Agreement shall be construed as a whole <br />according to its fair meaning and not strictly for or against any Party. <br />10.9 Time is of the Essence. Time is of the essence in the performance of this <br />Agreement. <br />10.10 Governing Law & Venue. 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 />The venue for any dispute arising out of this Agreement shall be in the state or <br />federal courts located in Alameda County, California. <br />10.11 Attorneys' Fees and Costs. If any legal or administrative action is brought to <br />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 />10.12 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 <br />thereby. <br />10.13 Entire Agreement; Exhibits. This Agreement, together with the City Documents <br />contains the entire agreement of Parties with respect to the subject matter hereof, <br />and supersedes all prior oral or written agreements between the Parties with <br />respect thereto. <br />10.14 Counterparts. This Agreement may be executed in multiple counterparts, each of <br />which shall be an original and all of which together shall constitute one <br />agreement. <br />IN WITNESS WHEREOF, the Parties have executed this Affordable Housing <br />Regulatory Agreement and Declaration of Restrictive Covenants as of the date first written <br />above. <br />[SIGNATURES ON FOLLOWING PAGE] <br />Affordable Housing Regulatory Agreement — Centro Callan <br />November 28, 2022 <br />16 <br />