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ALTAMED HEALTH SERVICES
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Last modified
12/7/2023 5:39:32 PM
Creation date
12/7/2023 5:33:24 PM
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Contracts
Company Name
ALTAMED HEALTH SERVICES
Contract #
N-2023-330
Agency
Planning & Building
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SECTION 6. REPRESENTATION AND WARRANTIES OF OWNER. <br />Owner represents and warrants for the benefit and reliance for the City as follows: <br />A. Owner validly exists under the laws of the State of California and is authorized to <br />conduct business in California and is authorized to carry on its business being conducted as <br />contemplated in this Agreement; <br />B. Owner has the power and authority to enter into this Agreement; <br />C. This Agreement shall be a legal, valid and binding obligation of Owner, enforceable <br />against Owner and its successors and assigns in interest in the Property, and each portion thereof, <br />in accordance with its terms, subject to bankruptcy and other equitable principles. <br />SECTION 7. COVENANT OF OWNER. Owner declares that the Project and the <br />Property shall be held, conveyed, leased, used, and improved subject to the provisions of this <br />Agreement and this Agreement is expressly declared to be for the benefit of the Project and the <br />Property and the abutting public rights -of -way. The Property maintenance covenants of Owner in <br />favor of the City which arises under this Agreement shall run with and burden the Property and <br />shall be binding upon all persons having or acquiring any right or title in the Property, including <br />any leasehold interest, or any part thereof, and the successors and assigns of each of them, <br />including Applicant. <br />SECTION 8. TIME OF THE ESSENCE; TERM OF AGREEMENT. Time is expressly <br />made of the essence with respect to the performance by City and Owner of each and every <br />obligation and condition of this Agreement. <br />SECTION 9. ATTORNEY'S FEES. In addition to any other remedies provided herein <br />or available under applicable laws, if either Party to this Agreement commences an action against <br />the other Party arising out of, or in connection with this Agreement, the prevailing Party shall be <br />entitled to recover from the losing Party its costs of suit, including, but not limited to, its reasonable <br />attorney's fees, expert witness fees, and costs of investigation. <br />SECTION 10. INTEGRATION. This Agreement contains the entire understanding <br />between the Parties relating to the transaction contemplated by this Agreement, except as <br />otherwise provided. All prior contemporaneous agreements, understandings, representations and <br />statements, oral or written, are merged in this Agreement and shall be of no further force or effect. <br />Each Party is entering into this Agreement based solely upon the representations set forth herein <br />and upon each Party's own independent investigation of any and all facts such Party deems <br />material. This Agreement constituted the entire understanding and agreement of the Parties, <br />notwithstanding any previous negotiations or agreements between the Parties or their predecessors <br />in interest with respect to all or any part of the subject matter hereof. <br />SECTION 11. SEVERABILITY. If any portion of this Agreement is declared invalid, <br />illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions <br />shall continue in full force and effect. <br />SECTION 12. AMENDMENT. No amendment, modification or supplement of this <br />Agreement shall be valid or binding unless executed in writing and signed by both Parties, subject <br />7 <br />
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