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so requires; (b) locative adverbs such as "herein," "hereto," and "hereunder" shall refer to this <br /> 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 />