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10.16 ]Estoppel Certificate. <br /> Either Party from time to time may deliver written notice to the other Party requesting written <br /> confirmation that, to the knowledge of the certifying Party (a) this Agreement is in full force and <br /> effect and constitutes a binding obligation of the Parties, (b) this Agreement has not been <br /> amended either orally or in writing, or if it has been amended, specifying the nature of the <br /> amendment(s), and (c) the requesting Party is not in default in the performance of its obligations <br /> under this Agreement, or if in default, describing therein the nature of the default A Party <br /> receiving a request shall execute and return the certificate within thirty (30) days after receipt <br /> thereof The Community Development Director shall have the right to execute any such <br /> certificate requested by Developer At Developer' request, the certificate provided by City <br /> establishing the status of this Agreement with respect to any lot or parcel shall be in recordable <br /> form and Developer shall have the right to record the certificate for the affected portion of the <br /> Property at its cost <br /> 10.117 Counterparts. <br /> This Agreement and any and all amendments thereto may be executed in counterparts, and all <br /> counterparts together shall be construed as one document <br /> 10.18 Authority To Execute. <br /> Each Party hereto expressly warrants and represents that it has the authority to execute this <br /> Agreement on behalf of its entity and warrants and represents that it has the authority to bind its <br /> entity to the performance of its obligations hereunder <br /> 10.19 Captions. <br /> The caption headings provided herein are for convenience only and shall not affect the <br /> construction of this Agreement <br /> 10.20 Compliance, Monitoring, and Management Duties; Default. <br /> If Developer fails to perform any of its duties related to compliance review processes, <br /> monitoring, or the management of any programs as required herein, City has the right, but not <br /> the obligation, to undertake such duties and perform them at said Developer' expense <br /> 10.21 Listing And Incorporation Of Exhibits. <br /> The exhibits to this Agreement, each of which is hereby Incorporated herein by reference, are as <br /> follows <br /> Exhibit A-1 Property Description <br /> Exhibit A-2 Property Diagram <br /> 21 <br />