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Oakland, CA 94612 <br /> Attention: Susan E. Bloch, Esq. <br /> Owner: Kottinger Gardens Phase 1 Associates, L.P. <br /> 303 Vintage Park Drive, Suite 250 <br /> Foster City, CA 94404 <br /> Attention: Matthew O. Franklin, President <br /> With a copy to: <br /> Gubb& Barshay, LLP <br /> 505 14`h Street, Suite 1050 <br /> Oakland, CA 94612 <br /> Attention: Natalie Gubb, Esq. <br /> And with a copy to: <br /> MUFG Union Bank,N.A. <br /> 200 Pringle Avenue, Suite 355 <br /> Walnut Creek, CA 94596 <br /> 11.4 Further Assurances. The Parties shall execute, acknowledge and deliver to the <br /> other such other documents and instruments, and take such other actions,as either shall <br /> reasonably request as may be necessary to carry out the intent of this Agreement. <br /> 11.5 Parties Not Co-Venturers; Independent Contractor;No Agency Relationship. <br /> Nothing in this Agreement is intended to or shall establish the Parties as partners, co-venturers, <br /> or principal and agent with one another. The relationship of Owner and City shall not be <br /> construed as a joint venture, equity venture, partnership or any other relationship. City neither <br /> undertakes nor assumes any responsibility or duty to Owner(except as expressly provided in this <br /> Agreement)or to any third party with respect to the Project. Owner and its employees are not <br /> employees of City but rather are, and shall always be considered independent contractors. <br /> Furthermore, Owner and its employees shall at no time pretend to be or hold themselves out as <br /> employees or agents of City. Except as City may specify in writing, Owner shall not have any <br /> authority to act as an agent of City or to bind City to any obligation. <br /> 11.6 Action by the City. Except as may be otherwise specifically provided herein, <br /> whenever any approval, notice, direction, consent or request by the City is required or permitted <br /> under this Agreement, such action shall be in writing, and such action may be given, made or <br /> taken by the City's Authorized Representative or by any person who shall have been designated <br /> by the City's Authorized Representative, without further approval by the City Council. <br /> 11.7 Non-Liability of City and City Officials, Employees and Agents. No member, <br /> official, employee or agent of the City shall be personally liable to Owner or any successor in <br /> interest, in the event of any default or breach by the City, or for any amount of money which may <br /> 24 <br /> OAK #4832-3506-8205 v2 <br />