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City, regarding any action by a third party challenging the validity of this Agreement, or asserting that <br />damages, just compensation, restitution, judicial or equitable relief due to personal or property rights <br />arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable <br />decisions with respect to its representation in any legal proceeding. <br />D. Exclusivity and Amendment of Agreement. This Agreement represents the complete <br />and exclusive statement between the parties hereto with respect to the use of City's CARES Act funds <br />by Landlord and contains all the covenants and agreements between the parties with respect to said <br />Program. Each party to this Agreement acknowledges that no representations, inducements, promises <br />or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any <br />party, which are not embodied herein, and that no other agreement or amendment hereto shall be <br />effective unless executed in writing and signed by both City and Landlord. <br />E. Agreement Runs with the Land. All obligations and restrictions of this Agreement <br />shall run with the land with respect to the subject Property. No sale of the Property or assignment <br />of rights shall terminate or alter the legal obligations of the Property Owner pursuant to this <br />Agreement. <br />F. Waiver. No waiver of breach, failure of any condition, or any right or remedy <br />contained in or granted by the provisions of this Agreement shall be effective unless it is in writing <br />and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure <br />or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or <br />not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. <br />G. Notices. Any notice, tender, demand, delivery, or other communication pursuant to <br />this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or <br />mailed by first class or certified mail, postage prepaid, or sent by fax or other electronic <br />communication in the manner provided in this section, to the following persons: <br />TO CITY: City of Santa Ana <br />Steven Mendoza <br />Executive Director <br />Community Development Agency <br />20 Civic Center Plaza <br />P.O. Box 1988 <br />Santa Ana, California 92702-1988 <br />TO LANDLORD: Villa Del Sur Apts. c/o Advanced Mgmt. Co <br />15320 Barranca Pkwy. Suite 100 <br />Irvine, CA 92618 <br />0 <br />