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RES 17969
City of Pleasanton
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RES 17969
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11/7/2017 3:56:57 PM
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CITY CLERK
CITY CLERK - TYPE
RESOLUTIONS
DOCUMENT DATE
10/17/2017
DESTRUCT DATE
PERMANENT
DOCUMENT NO
17969
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(a) City does not and shall not waive any rights against Owner that it may have by <br /> reason of any indemnity and hold harmless provision set forth in this Agreement because of the <br /> acceptance by City, or the deposit with City by Owner, of any of the insurance policies described <br /> in this Agreement. <br /> (b) Owner's obligation to indemnify the Indemnitees shall not be limited or impaired <br /> by any of the following: (i) any amendment or modification of any City Document, (ii) any <br /> extensions of time for performance required by any City Document; (iii) any provision in any of <br /> the City Documents limiting City's recourse to property securing the Secured Obligations (as <br /> defined in the Deed of Trust), or limiting the personal liability of Owner, or any other party for <br /> payment of all or any part of the indebtedness evidenced by the Note, (iv) the accuracy or <br /> inaccuracy of any representation and warranty made by Owner under this Agreement or by <br /> Owner or any other party under any City Document, (v) the release of Owner or any other <br /> person, by City or by operation of law, from performance of any obligation under any City <br /> Document; (vi) the release or substitution in whole or in part of any security for repayment of the <br /> indebtedness evidenced by the Note, and (vii) City's failure to properly perfect any lien or <br /> security interest given as security for repayment of the indebtedness evidenced by the Note <br /> (c) The obligations of Owner to indemnify the Indemnitees shall survive any <br /> repayment or discharge of the indebtedness evidenced by the Note, any foreclosure proceeding, <br /> any foreclosure sale, any delivery of any deed in lieu of foreclosure, and any release of record of <br /> the lien of the Deed of Trust <br /> 11. Miscellaneous <br /> 11 1 Amendments This Agreement may be amended or modified only by a written <br /> instrument signed by both Parties. <br /> 11 2 No Waiver Any waiver by City of any term or provision of this Agreement must <br /> be in writing No waiver shall be implied from any delay or failure by City to take action on <br /> any breach or default hereunder or to pursue any remedy allowed under this Agreement or <br /> applicable law No failure or delay by City at any time to require stnct performance by Owner of <br /> any provision of this Agreement or to exercise any election contained herein or any nght, power <br /> or remedy hereunder shall be construed as a waiver of any other provision or any succeeding <br /> breach of the same or any other provision hereof or a relinquishment for the future of such <br /> election <br /> 1 1 3 Notices. Except as otherwise specified herein, all notices to be sent pursuant to <br /> this Agreement shall be made in writing, and sent to the Parties at their respective addresses <br /> specified below or to such other address as a Party may designate by wntten notice delivered to <br /> the other parties in accordance with this Section. All such notices shall be sent by. (i) personal <br /> delivery, in which case notice is effective upon delivery; (ii) certified or registered mail, return <br /> receipt requested, in which case notice shall be deemed delivered upon receipt if delivery is <br /> confirmed by a return receipt, or(iii) nationally recognized overnight couner, with charges <br /> prepaid or charged to the sender's account, in which case notice is effective on delivery if <br /> delivery is confirmed by the delivery service <br /> 20 <br /> OAK #4832-3506-8205 v4 <br />
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