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e. Recordation. This Regulatory Agreement, and all amendments hereto, shall be <br />executed by each of the parties and shall be recorded against the Development in the Official <br />Records of Alameda County at Construction Closing. <br />f. Hold Harmless. Absent the willful misconduct or gross negligence of the City, <br />and following Developer's acquisition of the Property, Developer and its successors in interest <br />agree to indemnify, defend, and hold harmless the City and its agents, employees and officers <br />from any and all claims, losses, liabilities or causes of action (including reasonable attorneys' <br />fees) arising from or in connection with Developer's development, management, maintenance or <br />operation of the Development. <br />g. Waiver. No waiver by the City of any breach of or default under this Regulatory <br />Agreement shall be deemed to be a waiver of any other or subsequent breach or default <br />hereunder. <br />h. Captions. The captions used in this Regulatory Agreement are inserted only as a <br />matter of convenience and for reference and in no way define, limit or describe the scope or the <br />intent of this Regulatory Agreement. <br />i. Governing Law. This Regulatory Agreement shall be construed in accordance <br />with and governed by the laws of the State of California. <br />j. Notices. Written notices and other written communications by and between the <br />parties hereto shall be in writing and shall be served personally or by depositing the same in the <br />registered United States mail, return receipt requested, postage prepaid at the addresses specified <br />below, as such may be modified pursuant to the Loan Agreement. <br /> Developer: Alameda Housing Associates, L.P. <br /> 345 Spear Street, Suite 700 <br /> San Francisco, CA 94105 <br />Attention: President <br /> City: City of San Leandro <br /> 835 East 14th Street <br />San Leandro, CA 94577 <br />Attention: City Manager <br />k. Attorneys' Fees. The prevailing party in any action to enforce this Regulatory <br />Agreement shall be entitled to reasonable attorneys' fees as determined by the trier of facts in that <br />forum. <br />l. Counterparts. This Regulatory Agreement may be executed in counterparts, each <br />of which shall be an original and all of which taken together shall constitute one instrument. <br />[SIGNATURES ON THE FOLLOWING PAGE; SIGNATURES MUST BE NOTARIZED] <br />144\221\1488729.2