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97174497 <br />claim against the City, its officers and agents by <br />reason of any action so taken or omitted. BORROWER <br />shall, at its own expense, defend, indemnity, save and <br />hold the City, its officers and agents harmless from <br />any and all claims, demands, losses, expenses, damages <br />(general, punitive or otherwise), causes of action <br />(whether legal or equitable in nature) asserted by any <br />person, firm, corporation or other entity arising out <br />of this Agreement for the Use of HOME funds and <br />BORROWER shall pay the City upon demand all claims, <br />judgements, damages, losses or expenses (including <br />reasonable legal expenses) incurred by the City as a <br />result of any legal action arising out of this Deed of <br />Trust. <br />9. REPRESENTATIONS AND WARRANTIES: <br />BORROWER makes the following representations and <br />warranties to LENDER, which representations and <br />warranties shall survive the execution of this <br />AGREEMENT: <br />a. BORROWER is a limited partnership duly organized <br />and existing under the laws of the State of <br />California and is qualified to do business in all <br />jurisdictions in which it conducts its business. <br />9/28/93 (STM) 14 <br />