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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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Last modified
7/24/2009 3:02:24 PM
Creation date
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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PERM
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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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19. No Third Party Beneficiaries. There shall be no third party beneficiaries to <br />this Assignment Agreement. <br />20. Headings Construction. The headings of the sections and paragraphs of <br />this Assignment Agreement have been inserted for convenience only and shall not be <br />used to construe this Assignment Agreement. The language of this Assignment <br />Agreement shall be construed as a whole according io its fair meaning and not strictly <br />for or against any Party. Time is of the essence in the performance of this Assignment <br />Agreement. <br />21. Governing Law; Venue. This Assignment Agreement shall be construed in <br />accordance with the laws of the State of California without regard to principles of <br />conflicts of law. The Parties consent to the jurisdiction of any federal or state court in <br />the jurisdiction in which the Property is located (the "Property Jurisdiction"). Assignor <br />agrees that any controversy arising under or in relation to this Assignment Agreement, <br />the Predevelopment Note or the Loan Agreement shall be litigated exclusively in courts <br />having jurisdiction in the Property Jurisdiction. Assignor irrevocably consents to service, <br />jurisdiction, and venue of such courts for any such litigation and waives any other venue <br />to which it might be entitled by virtue of domicile, habitual residence or otherwise. <br />22. Attorneys' Fees. If any claim, ai law or otherwise is made by either Party, the <br />prevailing party or the nondefaulting party, as the case may be, shall be entitled to its <br />costs and reasonable attorneys' fees. <br />23. Severability. If any term of this Assignment Agreement is held by a court of <br />competent jurisdiction to be invalid, void or unenforceable, the remainder of the <br />provisions shall continue in full force and effect unless the rights and obligations of the <br />Parties are materially altered or abridged by such invalidation, voiding or <br />unenforceability. <br />24. Counterparts. This Assignment Agreement may be executed in multiple <br />counterparts, each of which shall be an original and all of which together shall constitute <br />one agreement. <br />SIGNATURES ON FOLLOWING PAGE. <br />12 ] OR95-5 <br />
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