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75E - PH 2525 MAIN ST
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75E - PH 2525 MAIN ST
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Last modified
2/1/2019 4:04:49 PM
Creation date
2/1/2019 3:58:07 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Planning & Building
Item #
75E
Date
2/5/2019
Destruction Year
2024
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5s394.oa002u tss3ts7. to <br />with the City Manager, upon its execution of this Agreement, a designation of a <br />natural person residing in the State of California, giving his or her name, residence <br />and business addresses, as its agent for the purpose of service of process in any <br />court action arising out of or based upon this Agreement, and the delivery to such <br />agent of a copy of any process in any such action shall constitute valid service <br />upon OWNER. If for any reason service of such process upon such agent is not <br />feasible, then in such event OWNER may be personally served with such process <br />and such service shall constitute valid service upon OWNER. OWNER is <br />amenable to the process so served, submits to the jurisdiction of the Court so <br />obtained and waives any and all objections and protests thereto. <br />10.20 Certificate of Compliance. At any time during the term of this <br />Agreement, any lender or either Party may request either Party to this Agreement to <br />confine that (1) this Agreement is unmodified and in full force and effect (or if <br />there have been modifications hereto, that this Agreement is in full force and effect <br />as modified and stating the date and nature of such modifications); (2) to the best <br />of such Party's knowledge, no defaults exist under this Agreement or if defaults do <br />exist, to describe the nature of such defaults; and (3) any other information <br />reasonably requested. Each Party hereby agrees to provide a Certificate to such <br />lender or other Party within thirty (30) days of receipt of the written request <br />therefor. <br />10.21 Authority to Execute. The person or persons executing this <br />Agreement on behalf of OWNER warrants and represents that he or she/they have <br />the authority to execute this Agreement on behalf of his or her/their corporation, <br />partnership or business entity and warrants and represents that he or she/they <br />has/have the authority to bind OWNER to the performance of its obligations <br />hereunder. <br />-26- <br />75E-152 <br />
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