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authority referenced under this Section 3(I)(1). The prevailing party in a <br />collection or other lien enforcement action authorized by this Section 3(1) shall <br />also have the right to collect its reasonable attorney's fees, costs and expenses <br />associated with any action or proceeding to enforce or defend its rights hereunder. <br />2. In the event that the City makes a written finding that a Maintenance Deficiency <br />exists on the Project as provided in Section 3(G), then in addition its lien powers <br />under Section 3(I)(1), the City may record a notice of correction of Maintenance <br />Deficiency be recorded against the Property. Such a notice of Maintenance <br />Deficiency shall refer to Section 3(G) of the Agreement, be signed by the <br />Executive Director of the Planning and Building Agency and shall have a duration <br />following the date of its recordation until such date the Maintenance Deficiency is <br />corrected. <br />J. No approval by Owner shall be necessary for the City to establish and foreclose a lien <br />for non-payment of amounts expended by the City to cure a Maintenance Deficiency under <br />Section 3 of this Agreement. No failure by the City to enforce any default pertaining to the <br />maintenance, repair or replacement of any element of the Property or the Project under Section 3 <br />shall be deemed to be a waiver of the right or power of the City to enforce any subsequent <br />default thereof by Owner. <br />K. Prior' of Qty.Ordinances and Other Laws. Notwithstanding any provision in this <br />Agreement to the contrary, the approval and acceptance of this Agreement by the City shall not <br />be deemed a waiver or release of any applicable provision of any building permit or other <br />development project permit issued by the City for the improvement of the Project on the <br />Property, or of any other applicable ordinance or law or the general police power of the City. In <br />the event of any conflict or inconsistency between any provision hereof and any ordinance, law, <br />or the general police power of the City, the latter shall prevail. <br />SECTION 4. TERMINATION of AGREEMENT. This Agreement shall terminate and <br />be of no further force or effect upon the mutual written termination of this Agreement by Owner <br />and City. <br />SECTION 5. LEGAL ADVICE. Each Party represents and warrants to the other the <br />following: they have carefully read this Agreement, and in signing this Agreement, they do so <br />with full knowledge of any right which they may have; they have received independent legal <br />advice from their respective legal counsel as to the matters set forth in this Agreement, or having <br />knowingly chosen not to consult legal counsel as to the matters set forth in this Agreement; and <br />they have freely signed this Agreement without any reliance upon any agreement, promise, <br />statement, or representation by or on behalf of the other Party, or in their respective agents, <br />employees or attorneys, except as specifically set forth in this Agreement, and without duress or <br />coercion, whether economic or otherwise. <br />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 />