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Agmt 2009 Alameda Housing Associates LP (2)
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Agmt 2009 Alameda Housing Associates LP (2)
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7/24/2009 3:02:24 PM
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7/24/2009 3:02:23 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agreement
Document Date (6)
6/25/2009
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Agmt 2009 Alameda Housing Associates LP
(Reference)
Path:
\City Clerk\City Council\Agreements\2009
RDA Reso 2009-009
(Approved by)
Path:
\City Clerk\City Council\Resolutions\2009
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8. Assignor represents and warrants that to the best of its knowledge after <br />reasonable inquiry, there are no defaults under any Assigned Document by any party <br />thereto. <br />9. Assignor further represents and warrants that all sums due and owing to <br />any Contractor to date under any Assigned Document have been duly paid in full, <br />except to the extent deferral of such sums is allowed pursuant to such Assigned <br />Document. <br />10. As provided in this Section 10, Agency may assign its rights under this <br />Assignment Agreement, and the Assigned Documents, and the rights and obligations of <br />any assignee of Agency shall be the same as provided herein as to Agency and <br />Contractor. Agency may, in its discretion, make any such assignment to the City of San <br />Leandro, a municipal corporation, and may make any such assignment to a third party, <br />with the consent of Assignor and the Contractor who is a party to such Assigned <br />Documents, provided the consent of Assignor and such Contractor shall not be <br />unreasonably withheld, conditioned or delayed. <br />11. This Assignment Agreement shall not be deemed to release or affect in <br />any way the obligations of Assignor to any Contractor under the Assigned Documents. <br />12. Assignor is executing this Assignment Agreement to induce Agency to <br />enter into and disburse funds pursuant to the Predevelopment Loan Agreement, and <br />Assignor understands chat Agency would not do so but for the execution and delivery of <br />this Assignment Agreement by Assignor. <br />13. Notices. Except as otherwise specified herein, all notices to be sent <br />pursuant to this Assignment Agreement shall be made in writing, and sent to the parties <br />ai their respective addresses specified below (or in the case of Contractor, to the <br />address specified in the Consent attached hereto) or to such other address as a party <br />may designate by written notice delivered to the other parties in accordance with this <br />Section. All such notices shall be sent by: <br />(i) personal delivery, in which case notice is effective upon delivery; <br />(ii) certified or registered mail, return receipt requested, in which case <br />notice shall be deemed delivered on receipt if delivery is confirmed by a return <br />receipt; <br />(iii) nationally recognized overnight courier, with charges prepaid or <br />charged to the sender's account, in which case notice is effective on delivery if <br />delivery is confirmed by the delivery service; <br />(iv) facsimile transmission, in which case notice shall be deemed delivered <br />upon transmittal, provided that (a) a duplicate copy of the notice is promptly <br />delivered by first-class or certified mail or by overnight delivery, or (b) a <br />transmission report is generated reflecting the accurate transmission thereof. <br />Any notice given by facsimile shall be considered to have been received on the <br />] 2] 9895-5 <br />
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