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ARTICLE 13. AMENDMENTS <br /> Any alteration, change or modification of or to this Declaration, in order to become effective, shall <br /> be made in writing and in each instance signed on behalf of each party hereto, except for any changes to <br /> the income limits of the tenants of the Affordable Bedrooms that are required to comply with HUD's <br /> HOME and CDBG laws and regulations. Such necessary changes may be made by City without <br /> Declarant's consent and Declarant agrees to approve and execute any documents required to effectuate <br /> such amendments or modifications to this Declaration. <br /> ARTICLE 14. SEVERABILITY <br /> If any provision of this Declaration shall be invalid, inoperative or unenforceable as applied in any <br /> particular case in any jurisdiction or jurisdictions or in all jurisdictions, or in all cases because it conflicts <br /> with any other provision or provisions hereof or any constitution or statute or rule of public policy, or for <br /> any other reason, such circumstances shall not have the effect of rendering the provisions in question <br /> inoperative or unenforceable in any other case or circumstance, or of rendering any other provision or <br /> provisions herein contained invalid, inoperative, or unenforceable to any extent whatsoever. The <br /> invalidity of any one or more phrases, sentences, clauses or sections contained in this Declaration shall <br /> not affect the remaining portions of this Declaration or any part hereof. <br /> ARTICLE 15. MISCELLANEOUS <br /> Each party agrees to cooperate with the other in the implementation and administration of this <br /> Declaration and, in that regard, shall execute any and all documents which may be reasonably <br /> necessary, helpful, or appropriate to carry out the purposes and intent of this Declaration. In each <br /> provision of this Declaration which states a specific time within which the requirements thereof are to be <br /> satisfied or are to persist, time shall be deemed to be of the essence. This Declaration may be signed in <br /> multiple counterparts which, when signed by all parties, shall constitute a binding agreement. The words <br /> "include" and "including" shall be construed as if followed by the words "without limitation." The section <br /> headings are not part of this Declaration and shall not affect the interpretation of any provisions hereof. <br /> All attachments hereto are incorporated by reference as though fully restated herein. This Declaration <br /> shall be interpreted as though prepared jointly by both parties, and shall be construed in accordance with <br /> and be governed by the laws of the State of California. A waiver by either party of a breach of any of the <br /> covenants, conditions or agreements hereunder to be performed by the other party shall not be construed <br /> as a waiver of any succeeding breach of the same or other covenants, agreements, restrictions or <br /> conditions hereof. No waiver by City of any of the conditions hereof shall be effective unless in writing <br /> expressly identifying the scope of the waiver and signed on behalf of an authorized official of City. <br /> /// <br /> /// <br /> /// <br /> /// <br /> /// <br /> /// <br /> /// <br /> /// <br /> /// <br /> Exhibit D <br /> 8 <br />