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Inst 2010336107
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Inst 2010336107
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Last modified
12/22/2010 5:17:41 PM
Creation date
12/14/2010 2:45:20 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agreement
Document Date (6)
6/29/2010
Recorded Document Type
Assignment
Retention
PERM
Document Relationships
Inst 2006181158
(Reference)
Path:
\City Clerk\City Council\Recorded Documents\2006
Inst 2006181159
(Reference)
Path:
\City Clerk\City Council\Recorded Documents\2006
Inst 2009238643
(Reference)
Path:
\City Clerk\City Council\Recorded Documents\2009
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2. Assumption. Assignee hereby: (i) accepts the assignment of all of Assignor's <br /> rights, title and interests in and to the Project Documents, and each of them; (ii) assumes in full <br /> the Assignor's obligations, duties, covenants, rights and agreements under the Project <br /> Documents, and each of them; and (iii) agrees to perform the obligations, covenants and duties <br /> of the Assignor under the Project Documents, and each of them, as if Assignee were the original <br /> party to them. <br /> 3. References and Notices in the OPA. The parties hereto agree that from and after <br /> the Effective Date, all references to "Alameda County Allied Housing Program, a California <br /> nonprofit benefit corporation" contained in the Project Documents, and each of them, shall be <br /> deemed to refer to Assignee and its permitted successors and assigns. Furthermore, all notices <br /> to be given to Assignor pursuant to the Project Documents, and each of them, shall be sent to <br /> Assignee as follows: <br /> Mission Bell Supportive Housing LLC <br /> c/o Allied Housing <br /> 40849 Fremont Blvd. <br /> Fremont, CA 94538 • <br /> Attention: Louis Chicoine, Executive Director <br /> 4. Consent. By the signature of the Agency's and the City's authorized <br /> representatives below, the Agency and the City approve the assignment and assumption set forth <br /> in this Agreement. Nothing in this Agreement is intended to or shall establish the Agency or the <br /> City as a partner or co- venturer with Assignor or with Assignee. <br /> 5. Binding Effect. This Agreement is binding upon and will inure to the benefit of <br /> the parties hereto, their successors and assigns. <br /> 6. Attorneys' Fees: Enforcement. If any party commences an action to enforce or <br /> defend any provision of this Agreement, the prevailing party or parties shall be entitled to costs <br /> and reasonable attorneys' fees. <br /> 7. Invalidity. Any provision of this Agreement which is determined by a court to be <br /> invalid or unenforceable shall be deemed severed herefrom, and the remaining provisions shall <br /> remain in full force and effect as if the invalid or unenforceable provision had not been a part <br /> hereof. <br /> 8. Headings. The headings used in this Agreement are for convenience only and <br /> shall be disregarded in interpreting the substantive provisions of this Agreement. <br /> 9. Counterparts. This Agreement may be signed in counterparts, each of which shall <br /> be an original and all of which together shall constitute one and the same instrument. <br /> 10. Third -Party Rights. Nothing in this Agreement, express or implied, is intended to <br /> confer upon any person, other than the parties hereto and their respective successors and assigns, <br /> any rights or remedies. <br /> • <br /> 1339230-2 3 <br />
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