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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 /> 1. 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 <br />