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Certificate of Completion shall be, and shall so state, conclusive determination of <br />satisfactory completion of the construction. <br /> <br />If Agency declines to furnish a Certificate of Completion after written request from <br />Developer, the City Project Manager shall, within thirty (30) days after receipt of the <br />request, provide Developer with a written statement of the reasons therefore. The statement <br />shall contain a description of the action Developer must take to obtain a Certificate of <br />Completion. If the reason therefore is that the Developer has not completed a minor portion <br />of the construction, Agency may, in its sole and absolute discretion, issue the Certificate <br />of Completion upon the posting with Agency of a bond or other form of security acceptable <br />to the City Project Manager in the amount of the fair value of the uncompleted work. <br /> <br />A Certificate of Completion is not evidence of compliance with or satisfaction of <br />the Agency Loan Documents or any obligation of Developer to any other party whatsoever, <br />including any holder of a mortgage or deed of trust. A Certificate of Completion is not <br />"notice of completion” referred to in Section 3093 of the California Civil Code. <br /> <br />14. INDEMNIFICATION <br /> <br />14.1 Nonliability of Agency. Developer acknowledges and agrees that: <br /> <br />(a) The relationship between Developer and the Agency is and shall <br />remain solely that of Developer and lender. Agency neither undertakes nor assumes any <br />responsibility to review, inspect, supervise, approve (other than for aesthetics) or inform <br />Developer of any matter in connection with the construction, including matters relating to: <br />(i) the performance of the construction work; (ii) architects, contractors, subcontractors and <br />materialmen, or the workmanship of or materials used by any of them; or, (iii) the progress <br />of the construction; and Developer shall rely entirely on its own judgment with respect to <br />such matters and acknowledges that any review, inspection, supervision, approval or <br />information supplied to Developer by Agency in connection with such matters is solely for <br />the protection of Agency, and that neither Developer nor any third party is entitled to rely <br />on it; <br /> <br />(b) Notwithstanding any other provision of any Loan Document: (i) the <br />Agency is not a partner, joint venture, alter-ego, manager, controlling person or other <br />business associate or participant of any kind of Developer, and Agency does not intend to <br />ever assume any such status; (ii) Agency’s activities in connection with the Loan shall not <br />be “outside the scope of the activities of a lender of money” within the meaning of <br />California Civil Code Section 3434, as modified or recodified from time to time, and <br />Agency does not intend to ever assume any responsibility to any person for the quality or <br />safety of the Property; and, (iii) Agency shall not be deemed responsible for or a participant <br />in any acts, omissions or decisions of Developer; <br /> <br />(c) Agency shall not be directly or indirectly liable or responsible for any <br />loss or injury of any kind to any person or property resulting from any construction on, or <br />occupancy or use of, the Property, whether arising from: (i) any defect in any building, <br />grading, landscaping or other onsite or offsite improvement; (ii) any act or omission of <br />Developer or any of Developer’s agents, employees, independent contractors, licensees or <br />EXHIBIT 4