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Summary of Alternative Affordable Unit Mix <br />Unit Type <br />50% AMI <br />80% AMI <br />100% AMI <br />TOTAL <br />1- Bedroom Units <br />5 <br />3 <br />5 <br />13 <br />2- Bedroom Units <br />0 <br />3 <br />6 <br />9 <br />3- Bedroom Units <br />0 <br />2 <br />2 <br />4 <br />Total Units <br />5 <br />8 <br />13 <br />26 <br />Section 9. Severability. hi case any one or more of the provisions of this Agreement <br />shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, <br />illegality or unenforceability shall not affect any other provision of this Agreement, and this <br />Agreement shall be construed as if such invalid, illegal or unenforceable provisions had not been <br />contained herein. <br />Section 10. Time. Time is hereby expressly declared to be of the essence of this <br />Agreement and of each and every term, covenant, agreement, condition and provision hereof. <br />Section 11. Headings. Article, section and subsection headings in this Agreement are <br />for convenience only and are not to be construed as a part of this Agreement or in any way <br />limiting or amplifying the provisions hereof. <br />Section 12. Agreement Construed as a Whole. The language in all parts of this <br />Agreement shall in all cases be construed as a whole according to its fair meaning and not <br />strictly for or against any party hereto. The parties acknowledge that each party and its counsel <br />have reviewed this Agreement and participated in its drafting and therefore that the rule of <br />construction that any ambiguities are to be resolved against the drafting party shall not be <br />employed nor applied in the interpretation of this Agreement. <br />Section 13. Meaning of Terms. Whenever the context so requires, the neuter gender <br />shall include the masculine and the feminine, and the singular shall include the plural, and vice <br />versa. <br />Section 14. California Law. The laws of the State of California, other than those <br />laws denominated choice of law rules which would require the application of the laws of another <br />forum, shall govern the validity, construction and effect of this Agreement. <br />Section 15. Binding Agreement. The terms, covenants and agreements contained in <br />this Agreement shall bind and inure to the benefit of the parties hereto and their respective <br />successors and assigns. <br />Section 16. Entire Agreement. This Agreement, together with the attachments <br />hereto, constitutes the entire agreement among the parties hereto with respect to the subject <br />matter hereof and supersedes all prior offers, negotiations, oral and written. This Agreement <br />may not be amended or modified in any respect whatsoever except by an instrument in writing <br />signed by the parties hereto. In the event of any conflict between the terms of this Agreement <br />and the Resolution, the terms of this Agreement shall prevail. <br />