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RES 231425
City of Pleasanton
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CITY CLERK
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RES 231425
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10/24/2023 2:52:42 PM
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10/24/2023 2:52:34 PM
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CITY CLERK
CITY CLERK - TYPE
RESOLUTIONS
DOCUMENT DATE
10/17/2023
DESTRUCT DATE
PERMANENT
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continue the Loan and give Lender the right to proceed with any and all <br /> remedies set forth in this Agreement and the Loan Documents, including but not <br /> limited to the following: <br /> 8.2.1. Lender shall have the right to cause all indebtedness of Borrower to <br /> Lender under this Agreement and the Note, together with interest thereon, to <br /> become immediately due and payable. <br /> 8.2.2. Lender shall have the right to require Borrower to perform its obligations <br /> and covenants under the Regulatory Agreement or to enjoin acts which may <br /> be unlawful or in violation of provisions of the Regulatory Agreement. <br /> 8.2.3. Lender shall have the right (but not the obligation) to cure any monetary <br /> default of Borrower under a loan other than the Loan. <br /> Neither the failure nor delay by Lender to exercise such rights and remedies shall <br /> operate as a waiver thereof. <br /> No right, power, or remedy given to Lender by the terms of this Agreement or the <br /> Loan Documents is intended to be exclusive of any other right, power, or remedy, <br /> which shall each be cumulative and in addition to every remedy available to <br /> Lender by the terms of the Loan Documents, under law and equity. <br /> 9. Hold Harmless. Borrower and its successors in interest agreement to indemnify, <br /> defend and hold harmless Lender, its officials, employees, agents and volunteers <br /> (collectively "Indemnitees") from any and all claims, losses, liabilities or causes of <br /> action (including reasonable attorney's fees) arising from or in connection with <br /> Borrower's construction, management, maintenance or operation of the Project, <br /> excepting Indemnitees' active negligence or willful misconduct. <br /> 10.Miscellaneous Provisions. <br /> 10.1. This Agreement maybe amended only by a written instrument signed by <br /> authorized representatives of Lender and Borrower. The City Manager or <br /> designee shall be authorized to act on behalf of Lender. <br /> 10.2. Any notice required or authorized under this Agreement shall be effective if <br /> mailed by registered, certified, overnight, or with proof of service, to the party in <br /> question at the address shown below: <br /> To Borrower: To Lender: <br /> Tri-Valley REACH City of Pleasanton <br /> 225 Spring Street 123 Main Street <br /> Pleasanton, CA 94566 Pleasanton, CA 94566 <br /> Attn: Attn: <br /> 4 <br />
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