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10.16 Estoppel Certificate. Either Party from time to time may deliver written notice to the other Party requesting written confirmation that, to the knowledge of the certifying Party: (a) this Agreement is in full force and effect and constitutes a binding obligation of the Parties; (b) this Agreement has not been amended either orally or in writing, or if it has been amended, specifying the nature of the amendment(s); and (c) the requesting Party is not in default in the performance of its obligations under this Agreement, or if in default, describing therein the nature of the default. A Party receiving a request shall execute and return the certificate within thirty (30) days after receipt thereof. The Community Development Director shall have the right to execute any such certificate requested by Developer. At Developer' request, the certificate provided by City establishing the status of this Agreement with respect to any lot or parcel shall be in recordable form and Developer shall have the right to record the certificate for the affected portion of the Property at its cost. 10.17 Counterparts. This Agreement and any and all amendments thereto may be executed in counterparts, and all counterparts together shall be construed as one document. 10.18 Authority To Execute. Each Party hereto expressly warrants and represents that it has the authority to execute this Agreement on behalf of its entity and warrants and represents that it has the authority to bind its entity to the performance of its obligations hereunder. 10.19 Captions. The caption headings provided herein are for convenience only and shall not affect the construction of this Agreement. 10.20 Compliance, Monitoring, and Management Duties; Default. If Developer fails to perform any of its duties related to compliance review processes, monitoring, or the management of any programs as required herein, City has the right, but not the obligation, to undertake such duties and perform them at said Developer' expense. 10.21 Listing And Incorporation Of Exhibits. The exhibits to this Agreement, each of which is hereby incorporated herein by reference, are as follows: Exhibit A-1: Property Description Exhibit A -2: Property Diagram 21