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<br />City and Property Owner shall be recorded In the Official Records of Alameda County, <br />California. <br /> <br />11.8 Estoooel Certificate. Either party may, at any time, and from time to time, deliver <br />written notice to the other party requesting such party to certify in writing that, to the knowledge <br />of the certifying party, (i) this Agreement is in full force and effect and is a binding obligation of <br />the parties, (ii) this Agreernent has not been amended or modified either orally or in writing, or if <br />so amended, identifying the amendments, and (ill) the requesting party is not in default in the <br />performance of its obligations under this Agreement, or if in default, to describe therein the <br />nature and amount of any such defaults. The party receiving a request hereunder shall execute <br />and return such certificate within thirty (30) days following the receipt thereof. Either the City <br />Manager or the Plarming Director of City shall have the right to execute any certificate requested <br />by Property Owner hereunder. City acknowledges that a certificate hereunder may be relied <br />upon by transferees and Mortgagees. <br /> <br />11.9 Limitation of Liabilitv. City hereby acknowledges and agrees that Property <br />Owner's obligations under this Agreement are solely those of GHC Bernal Investors, LLC and in <br />no event shall any present, past or future officer, director, shareholder, member, employee, <br />partner, affiliate, manager, representative or agent of Property Owner ("Related Parties") have <br />any personal liability, directly or indirectly, under this Agreement and recourse shall not be <br />available against any Related Party in connection with this Agreement or any other document or <br />instrument heretofore or hereafter executed in connection with this Agreement. The limitations <br />of liability provided in this Section are in addition to, and not in limitation of, any limitation on <br />liability applicable to Property Owner or any Related Party provided by law or in any other <br />contract, agreement or instrument. <br /> <br />) <br /> <br />356901849375vI4 <br /> <br />- 36- <br /> <br />08125100 <br />