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(b) "Mortgagee" shall mean the holder of a Morgage or of any beneficial interest therein, and shall include, without limitation, any insurer or guarantor of a Mortgage, or of any obligation or condition secured by such Mortgage, as well as a person holding an interest in a Mortgage by way of collateral assignment securing the performance of an obligation of the holder of such Mortgage, to the extent provided in such collateral assignment. ARTICLE 11. GENERAL PROVISIONS 11.1 Proiect Is a Private Undertaking. The development contemplated by this Development Agreement is a private development. Property Owner shall have full power over and the exclusive control of the Property herein described subject only to the limitations and obligations of the Property Owner under this Development Agreement. 11.2 No Agency, Joint Venture or Partnership. The Parties renounce the existence of any form of agency relationship, joint venture, or partnership between City and Property Owner and nothing contained herein or in any document executed in connection herewith shall be construed as creating any such legal relationship. Not in limitation of the foregoing, City shall have no responsibility for, or duty to, third parties concerning any improvements associated with the Project until such time that City accepts same pursuant to this Agreement or in connection with the Project Approvals. 11.3 Liability and Hold Harmless. Property Owner hereby agrees to and shall hold City harmless from any liability for damage or claims for damage for personal injury, including death, as well as from claims for property damage which may arise from the Property Owner's operations under this Agreement, excepting suits and actions brought by the Property Owner for breach of this Agreement or arising from the intentional acts, negligence or willful misconduct of the City or a third party. 11.4 Notices, Demands, and Communications between the Parties. Formal written notices, demands, correspondence and communications between the City and the Property Owner shall be deemed given if sent by first class mail, nationally established ovemight courier that guarantees next day delivery and provides a receipt therefor, postage prepaid, or by facsimile, to the offices of the City, the Property Owner and others indicated below, or such other address as either party may from time -to -time designate in writing as provided in this section. City: City Manager City of Pleasanton P.O. Box 520 Pleasanton, CA 94566 Facsimile: (925) 931 -5482 35690/849375v 14 34 08/25/00