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• <br /> Exhibit C <br /> of this Agreement. As used herein: (a) the singular shall include the plural (and vice versa) and <br /> the masculine or neuter gender shall include the feminine gender (and vice versa) where the <br /> context so requires; (b) locative adverbs such as "herein," "hereto," and "hereunder" shall refer <br /> to this Agreement in its entirety and not to any specific section or paragraph; (c) the terms <br /> "include," "including," and similar terms shall be construed as though followed immediately by <br /> the phrase "but not limited to;" (d) "shall," "will," "must," "agrees," and "covenants," are <br /> mandatory and "may" is permissive; and (e) "or" is not exclusive. The parties have jointly <br /> participated in the negotiation and drafting of this Agreement, and this Agreement shall be <br /> construed fairly and equally as to the parties, without regard to any rules of construction relating <br /> to the party who drafted a particular provision of this Agreement. <br /> Section 5.17 Recordation of Development Agreement. Pursuant to California <br /> Government Code section 65868.5, no later than ten (10) days after City enters into this <br /> Agreement, the City Clerk shall record an executed copy of this Agreement in the Official <br /> Records of the County of Alameda. <br /> [Signatures on next page] <br /> -15- <br />