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6 6 Coo eration•In Defense of Third Pact Lits anon n the went that any legal;achon is <br /> K w n - r� <br /> instituted,bya third party-:or otheragovernme>rital,entit gar fo�lta[oien hag the <br /> enfoiceabtlity,or appitcatton ofthis Agreernenl or telt�dc� io�ent ; or at} S yr <br /> `.e ,ib <br /> r�'l- r3 +<' k'�sie'{'Sb a�.:� - '"1 {�'-r .a�x€� 5�.4fi's `�'�r u <br /> .40-6t her action o est er=Part in ten iementatiot�nx k ' s rr>e <br /> -r /y- f s Fft X523 t 'n4 "A N f , i r � <br /> 5 t i <br /> agree © a .it attvely cooperate in resp©nding tb,arc of <br /> rit�n <br /> possible endthout wairiny otlir riglitsdartiay tst r;t r rhe f <br /> c 3 o i : h ��r r �4', ° :� <br /> Thisgreenrier l sl Ali retreat t ui"hili forve l yadion <br /> aeti+rt and' h [i remain ui fixli''Iot�ei aiid eff t vtt rle sub/ °� t t i e ; vi[�yyy <br /> y.., ✓' Y -'wt }- ri :.9 <br /> k is pending, uttiess stayed y order 0f court Eac # al�� the pw le it <br /> counsel in defense of snc act1oii, and'shall hear tksoa ii e pe ses or feea itt cot�tieeL[nn�u it <br /> f 3 . <br /> such'defense, except as otherwise provided rn this Areeaient <br /> SECTION 7' DEVELOPM=ENT OF PROPERTY AS kPRIVATF, il1�lI ERTAKII�IG <br /> 7.1. Development of Property as a Private Und`ertalunr It is specifically <br /> understood and agreed by and between the Parties-here to'that-th de' velo'pi-hci o6he <br /> Property is a separately undertaken private development.No partnership,joint venture <br /> or other association of any:kind between the Developer;on the anc Band,acid the <br /> County,on the other, is formed by this Agreement. The'only relationstup 6etweeri the <br /> County and the Developer is that of a governmental entity regulating the development <br /> of private property and the owners of such private property. This,Agreement is not <br /> intended nor shall it be construed to create any thirdparty-beneficiary rights in any <br /> person or entity which is not <br /> a signatory part <br /> hereto unless expressly otherwise <br /> provided. <br /> I <br /> SECTION 8. CONSISTENCY WITH GENERAL PLAN, MASTER PLAN, PUBLIC <br /> FINANCING PLAN. <br /> 8.1. Consistency With General Plan Master Plan Public Financing Plan. <br /> The County hereby finds and determines that execution of this Agreement is in the best <br /> interest of the public health, safety and general welfare and is consistent with the <br /> General Pian, Master Plan, and Public Financing Plan. <br /> SECTION 9. CONSTRUCTION. <br /> 9.1. County Code. This Agreement shall be subject to and construed in <br /> accordance and harmony with the County Code, as it may be amended, provided that such <br /> amendments do not substantially alter the rights granted to the Parties by this Agreement_ <br /> 9.2 Not a Public Dedication. Nothing herein contained shall be deemed to be a gift or <br /> dedication of the Property, or portion thereof, to the general public, for the general public, or for <br /> any public use or purpose whatsoever, it being the intention and understanding of the Parties that <br /> this Agreement be strictly limited to and for the purposes herein expressed for the development <br /> of the Property as private property except for any required Exactions. Except as required in <br /> order to implement the Existing Approvals and Reserved Discretionary Approvals, Developer <br /> W02-SF:FPD%1481{45.2 -51- <br />