Reso25-02 0024 PC Reso 901 El Camino Real

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Page 37 of 39 this Agreement shall not operate as a waiver or release from any of its obligations under this Agreement. Consent by the City to any act or omission by Developer or Qualified Designee shall not be construed to be a consent to any other or subsequent act or omission or to waive the requirement for the City’s written consent to future waivers. Section 8.14 Title of Parts and Sections. Any titles of the sections or subsections of this Agreement are inserted for convenience of reference only and shall be disregarded in interpreting any part of the Agreement’s provisions. and captions are for convenience only and shall not constitute a portion of this Agreement. As used in this Agreement, masculine, feminine or neuter gender and the singular or plural number shall each be deemed to include the others wherever and whenever the context so dictates Section 8.15 Multiple Originals; Counterpart. This Agreement and any modifications, amendments or supplements thereto may be executed in several counterparts each of which is deemed to be an original, and all so executed shall constitute one agreement binding on all parties hereto, notwithstanding that all parties are not signatories to the original or the same counterpart. Section 8.16 Severability. In the event any limitation, condition, restriction, covenant, or provision contained in this Agreement is held invalid, void, or unenforceable by any court of competent jurisdiction, the remaining portions of this Agreement shall nevertheless be and remain in full force and effect. If any term, provision, condition or covenant of this Agreement or the application thereof to any party or circumstances shall, to any extent, be held invalid or unenforceable, the remainder of this instrument, or the application of such term, provision, condition or covenant to persons or circumstances other than those as to whom or which it is held invalid or unenforceable, shall not be affected thereby, and each term and provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law Section 8.17 Affordable Housing Plan and Relocation Plan Compliance. The Developer and Qualified Designee, as applicable as provided in this Agreement, shall comply with the Affordable Housing Plan and Relocation Plan submitted to City, approved by the City and on file with the Community Development Department. In the event the terms and conditions of the Affordable Housing Plan, the Relocation Plan and this Agreement conflict, this Agreement shall control. For the purposes of clarity, upon Close of Escrow of the Affordable Site as contemplated hereunder, Developer shall have no obligations with respect to the Affordable Site, the Affordable Housing Plan and/or Relocation Plan. Section 8.18 Headings; Interpretation; Statutory References. ATTY/RESO.0024/PC RESO 901 EL CAMINO REV: 04-11-25 VR