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• <br />Canal as described in Recital F. <br /> <br />City shall not use any of the <br />In Lieu Funds to construct parking facilities until one year <br />after the execution of this Agreement, it being the contemplation <br />of both parties that Owner shall undertake construction of the <br />necessary off-street parking spaces during this period with <br />Owner's own funds. <br />5. General Provisions. <br />a. Amendment and Termination. City and Owner may by <br />mutual written agreement terminate or amend the terms of this <br />Agreement. Any amendment shall be in accordance with the terms <br />of Section 2-9.22 for the adoption of in lieu parking agreements. <br />b. Construction of Agreement. The language in this <br />Agreement shall, in all cases, be construed as a whole and in <br />accordance with its fair meaning. The captions of the paragraphs <br />and. subparagraphs of this Agreement are for convenience only and <br />shall not be considered or referred to in resolving questions of <br />construction. This Agreement shall be governed by the laws of <br />the State of California. If any material provision of this <br />Agreement shall be judged to be invalid, void or illegal, the <br />parties may by mutual agreement amend or terminate this Agreement <br />in the manner provided by Section 2-9.22 for the adoption of in <br />lieu parking agreements. <br />c. No Waiver. No delay or omission by the City in <br />exercising any right or power accruing upon the noncompliance or <br />failure to perform by Owner under the provisions of this <br />Agreement shall impart any such right or power or be construed to <br />be a waiver thereof. <br />- 7 - <br />