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CITY: <br /> Redevelopment Agency of the City of San Leandro <br /> 835 East 14` Street <br /> San Leandro, CA 94577 <br /> Attention: Executive Director <br /> Facsimile: (510) 577 -6007 <br /> BORROWER: <br /> Las Palmas Development Partners <br /> c/o Eden Housing, Inc. <br /> 22645 Grand Street <br /> Hayward, CA 94541 -5031 <br /> Attention: Executive Director <br /> Facsimile: (510) 582 -6523 <br /> 5.4 Waiver, Modification and Amendment. No modification or waiver of any <br /> provision of this Agreement, nor any consent to any departure by Borrower therefrom, <br /> shall in any event be effective unless the same shall be in writing, and then such waiver <br /> or consent shall be effective only in the specific instance and for the specific purpose <br /> for which given. No notice to or demand on the Borrower in any case shall entitle the <br /> Borrower to any other or further notice or demand in similar or other circumstances. No <br /> amendment to or modification of this Agreement shall be effective unless and until such <br /> amendment or modification is in writing, properly approved in accordance with <br /> applicable procedures, and executed by the Parties. <br /> 5.5 Further Assurances. The Parties shall execute, acknowledge and deliver <br /> to the other such other documents and instruments, and shall take such other actions, <br /> as may reasonably be necessary to carry out the intent of this Agreement. <br /> 5.6 Parties Not Co- Venturers. Nothing in this Agreement is intended to or <br /> shall establish the Parties as partners, co- venturers, or principal and agent with one <br /> another. <br /> 5.7 Action by the Agency. Except as may be otherwise specifically provided <br /> herein, whenever any approval, notice, direction, consent or request by the Agency is <br /> required or permitted under this Agreement, such action shall be in writing, and such <br /> action may be given, made or taken by the Agency's Executive Director or by any <br /> person who shall have been designated by the Executive Director, without further <br /> approval by the Agency governing board. <br /> 5.8 Non-Lability of Agency, Agency Officials, Directors, Employees and <br /> Agents. No member, official, employee or agent of the Agency shall be personally liable <br /> to Borrower, or any successor in interest, in the event of any default or breach by the <br /> Agency, or for any amount of money which may become due to Borrower or its <br /> successor or for any obligation of Agency under this Agreement. No director, officer, <br /> 1582106.1 <br />