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City and Property Owner shall be recorded in the Official Records of Alameda County, California. 11.8 Estovoel Certificate. Either party may, at any time, and from time to time, deliver written notice to the other party requesting such party to certify in writing that, to the knowledge of the certifying party, (1) this Agreement is in full force and effect and is a binding obligation of the parties, (ii) this Agreement has not been amended or modified either orally or in writing, or if so amended, identifying the amendments, and (iii) the requesting party is not in default in the performance of its obligations under this Agreement, or if in default, to describe therein the nature and amount of any such defaults. The party receiving a request hereunder shall execute and return such certificate within thirty (30) days following the receipt thereof. Either the City Manager or the Planning Director of City shall have the right to execute any certificate requested by Property Owner hereunder. City acknowledges that a certificate hereunder may be relied upon by transferees and Mortgagees. 11.9 Limitation of Liability. City hereby acknowledges and agrees that Property Owner's obligations under this Agreement are solely those of GHC Bernal Investors, LLC and in no event shall any present, past or future officer, director, shareholder, member, employee, partner, affiliate, manager, representative or agent of Property Owner "Related Parties have any personal liability, directly or indirectly, under this Agreement and recourse shall not be available against any Related Party in connection with this Agreement or any other document or instrument heretofore or hereafter executed in connection with this Agreement. The limitations of liability provided in this Section are in addition to, and not in limitation of, any limitation on liability applicable to Property Owner or any Related Party provided by law or in any other contract, agreement or instrument. 35690/849375v 14 36 O8R5/o0