8M Consent 2008 0902 - Laserfiche WebLink

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ARTICLE 7 MISCELLANEOUS 7.1 Relationship of Parties. Nothing contained in this Agreement shall be construed as creating the relationship of employer and employee or principal and agent between Agency and Borrower or Borrower's agents or employees, and Borrower shall at all times be deemed a borrower and shall be wholly responsible for the manner in which it or its agents, or both, perform under this Agreement. 7.2 No Third Party Claims. Nothing contained in this Agreement shall create or justify any claim against the Agency by any third person whom Borrower may have employed or contracted or may employ or contract relative to the purchase of any material, supplies or equipment, or the furnishing or the performance of any work or services with respect to any programs or projects being undertaken by Borrower. 7.3 Conflict of Interest. (a) Interest of Employees Agents Consultants, Officers and Officials of the Agency. Except for approved eligible administrative or personnel costs, no employee, agent, consultant, officer or official of the Agency who exercises or has exercised any function or responsibilities with respect to activities assisted by tax increment funds in whole or in part, or who is in a position to participate in a decision-making process or gain inside information with regard to such activities assisted under this Agreement, may obtain a personal or financial interest in or benefit from the activities assisted under this Agreement, or have an interest, direct or indirect, in any contract, subcontract or agreement with respect thereto, or in the proceeds thereunder either for himself/herself or for those with whom he/she has family or business ties, during his/her tenure and for one year thereafter. 7.4 Notices. Any notice, request or consent required pursuant to this Agreement shall be deemed delivered upon receipt when delivered personally or by facsimile transmission, provided that a transmission report is generated reflecting the accurate transmission thereof, or three (3) business days after being deposited in the U.S. mail, first class postage prepaid, return receipt requested, or one (1) day after deposit with a nationally recognized overnight carrier addressed as follows: Agency: San Leandro Redevelopment Agency 835 E. 14th Street San Leandro, CA 94577 Attention: Executive Director Borrower: 1750 Doolittle, LLC c/o McGrath Properties, Inc. 130 Webster Street, 2~d Floor Oakland, CA 94607 Attention: Terrence M. McGrath, Manager or to such other addresses as the parties may designate by notice as set forth above. 1113396.3 8 :,