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this Agreement. The only relationship between City and Owner is that of a government entity <br />regulating the development of private property and the owner of such property. <br />9.17. Further Actions and Instruments. Each of the Parties shall cooperate with and provide <br />reasonable assistance to the other to the extent contemplated hereunder in the performance of all <br />obligations under this Agreement and the satisfaction of the conditions of this Agreement. Upon <br />the request of either party at any time, the other party shall promptly execute and file or record <br />such required instruments and writings and take any actions as may be reasonably necessary <br />under the terms of this Agreement to carry out the intent and to fulfill the provisions of this <br />Agreement or to evidence or consummate the transactions contemplated by this Agreement. <br />9.18. Eminent Domain. No provision of this Agreement shall be construed to limit or restrict <br />the exercise by City of its power of eminent domain. <br />9.19. Agent for Service of Process. In the event Owner is not a resident of the State of <br />California or it is an association, partnership or joint venture without a member, partner or joint <br />venturer resident of the State of California, or it is a foreign corporation, then in any such event, <br />Owner shall file 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 and business <br />addresses, as its agent for the purpose of service of process in any court action arising out of or <br />based upon this Agreement, and the delivery to such agent of a copy of any process in any such <br />action shall constitute valid service upon Owner. If for any reason service of such process upon <br />such agent is not 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 amenable to the process so <br />served, submits to the jurisdiction of the Court so obtained and waives any and all objections <br />and protests thereto. <br />9.20. Certificate of Compliance. At any time during the term of this Agreement, any lender or <br />either Party may request either Party to this Agreement to confirm that (1) this Agreement is <br />unmodified and in full force and effect (or if there have been modifications hereto, that this <br />Agreement is in full force and effect as modified and stating the date and nature of such <br />modifications); (2) to the best of such Party's knowledge, no defaults exist under this Agreement <br />or if defaults do 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 lender or other <br />Party within thirty (30) days of receipt of the written request therefor. <br />9.21. Authority to Execute. The person or persons executing this Agreement on behalf of <br />Owner warrants and represents that he or she/they have the authority to execute this Agreement <br />on behalf of his or her/their corporation, partnership or business entity and warrants and <br />represents that he or she/thcy has/have the authority to bind Owner to the performance of its <br />obligations hereunder. <br />[Signatures on following Pagesl <br />-26- <br />11 B-39 <br />