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<br />Owner: Alameda County Allied Housing Program <br />40849 Fremont Boulevard <br />Fremont, CA 94538 <br />Attention: Executive Director <br />With a Copy to: Gubb &Barshay <br />50 California St., Suite 3155 <br />San Francisco, CA 94111 <br />Attention: Scott R. Barshay, Esq. <br />And: Alameda County Housing and Community Development Dept. <br />224 West Winton Ave., Rm. 108 <br />Hayward, CA 94544 <br />Attn: Director, Housing and Community Development <br />11.4 Further Assurances. The Parties shall execute, acknowledge and deliver to the <br />other such other documents and instruments, and take such other actions, as either shall <br />reasonably request as maybe necessary to carry out the intent of this Agreement. <br />11.5 Parties Not Co-Venturers. Nothing in this Agreement is intended to or shall <br />establish the Parties as partners, co-venturers, or principal and agent with one another. <br />11.6 Action by the Agency. Except as may be otherwise specifically provided herein, <br />whenever any approval, notice, direction, consent or request by the Agency is required or <br />permitted under this Agreement, such action shall be in writing, and such action may be given, <br />made or taken by the Agency Executive Director or by any person who shall have been <br />designated by the Agency Executive Director, without further approval by the governing board of <br />the Agency unless the Executive Director in his or her discretion determines that such approval is <br />necessary. <br />11.7 Action by City. Except as may be otherwise specifically provided herein, <br />whenever any approval, notice, direction, consent or request by the City is required or permitted <br />under this Agreement, such action shall be in writing, and such action may be given, made or <br />taken by the City Manager or by any person who shall have been designated by the City Manager, <br />without further approval by the governing board of the City unless the City Manager in his or her <br />discretion determines that such approval is necessary. <br />11.8 Non-Liability of Aaencv, City and City and Aaencv Officials, Employees and <br />Agents. No member, official, employee ox agent of the Agency or the City shall be personally <br />liable to Owner or any successor in interest, in the event of any default or breach by the Agency <br />or the City, or for any amount of money which may become due to Owner or its successor or for <br />any obligation of the Agency or the City under this Agreement. <br />11.9 Headings; Construction. The headings of the sections and paragraphs of this <br />Agreement are for convenience only and shall not be used to interpret this Agreement. The <br />AMENDED AND RESTATED REGULATORY AGREEMENT 18 <br />MISSION BELL APARTMENTS <br />1227x66-8 <br />