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5.6 Application. The general provisions in this <br />Paragraph 5 shall apply to all sections of this Agreement. <br /> <br /> 5.7 Further Assurances. Each party shall execute <br />such further documents, papers and instruments and take such <br />further action as is necessary, appropriate or helpful as the <br />other party hereto shall reasonably request in order to carry <br />out the purposes, intent and spirit of this Agreement. <br /> <br /> 5.8 Governing Law and Venue. This Agreement shall <br />be governed in all respects by the substantive and procedural <br />law of the State of California, and venue shall be in Alameda <br />County, California. <br /> <br /> 5.9 Modification. This Agreement may be modified <br /> <br />or amended only by a written document signed by City and Land <br />Owner. <br /> <br /> 5.10 Time of Essence. Time is of the essence of <br />this Agreement. <br /> <br /> 5.11 Gender. Words of any gender used in this <br />Agreement shall be held and construed to include all other <br />genders, and words of singular number shall be held to include <br />the plural and vice versa, unless the context requires otherwise. <br /> <br /> 5.12 Joint Preparation. City and Land Owner <br />cooperated in drafting and preparing this Agreement. In any <br />construction to be made of this Agreement, no presumption <br />shall arise against either party by virtue of its participation <br />in the drafting hereof. <br /> <br /> - 6 - <br /> <br /> <br />