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10.19. Agent for Service of Process. In the event any 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 and <br />protests thereto. <br />10.20. Certificate of Compliance. At anytime 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 />10.21. 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/they has/have the authority to bind Owner to the performance of its <br />obligations hereunder. <br />[Signatures on following pages] <br />Exhibit 4 Ordinance No. NS-3071 <br />