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5.10 NO THIRD PARTY BENEFICIARIES. There shall be no third party beneficiaries to this <br />Agreement. <br />5.11 ENTIRE AGREEMENT; EXHIBITS. This Agreement constitutes the entire agreement <br />between the Parties with respect to the subject matter hereof and supersedes any and all prior or <br />contemporaneous oral or written agreements and negotiations between the Parties with respect thereto. <br />Exhibits A through F attached hereto are incorporated herein by reference as though fully set forth herein. <br />5.12 SURVIVAL. All representations made by Participant herein and the provisions of Section 3.5 <br />hereof shall survive the expiration or earlier termination of this Agreement and the making of the Loan. The <br />representations of Participant made herein have been or will be relied upon by the City, notwithstanding any <br />investigation made by the City or on its behalf. <br />5.13 ACTION BY THE CITY. Except as may be otherwise specifically provided herein, <br />whenever any approval, notice, direction, or consent by the City is required or permitted under this <br />Agreement, such action shall be in writing, and such action may be given, made or taken by the City <br />Manager or by any person who shall have been designated by the City Manager, without further approval <br />by the City Council. City shall use reasonable best efforts to respond to requests for any such approval, <br />notice, direction, or consent in a timely manner. <br />5.14 NON-LIABILITY OF CITY AND CITY OFFICIALS, EMPLOYEES AND_ AGENTS. No <br />member, official, employee or agent of the City shall be personally liable to Participant or any successor in <br />interest to any of the foregoing in the event of any default or breach by the City, or for any amount of <br />money which may become due to Participant or Participant's successor in interest or for any obligation of <br />City under this Agreement. <br />5.15 BINDING UPON SUCCESSORS. Participant hereby subjects its interest in the <br />Property and the Improvements to the covenants and restrictions set forth in this Agreement. <br />SIGNATURES ON FOLLOWING PAGE <br />Fiscal Year OS-09 7 <br />