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Agreement in its entirety and not to any specific section or paragraph; (c) the terms "include," <br />"including," and similar terms shall be construed as though followed immediately by the phrase <br />"but not limited to;" (d) "shall," "will," "must," "agrees," and "covenants," are mandatory and <br />"may" is permissive; and (e) "or" is not exclusive. The parties have jointly participated in the <br />negotiation and drafting of this Agreement, and this Agreement shall be construed fairly and <br />equally as to the parties, without regard to any rules of construction relating to the party who <br />drafted a particular provision of this Agreement. <br />Section 5.17 Recordation of Development Agreement. Pursuant to California Government <br />Code section 65868.5, no later than ten (10) days after City enters into this Agreement, the City <br />Clerk shall record an executed copy of this Agreement in the Official Records of the County of <br />Alameda. <br />[Signatures on next page] <br />-13- <br />