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meaning, and not for or against any party based upon any attribution to such party as the source of <br />the language in question. <br />26. No Third Party Beneficiary. This Agreement is intended to benefit only the parties hereto <br />and no other person or entity has or shall acquire any rights hereunder. <br />27. Duty To Cooperate Further. Each party hereby agrees that it shall, upon request of the <br />other, execute and deliver such further documents (in form and substance reasonably acceptable to <br />the party to be charged) and do such other acts and things as are reasonably necessary and <br />appropriate to effectuate the terms and conditions of this Agreement, without cost. <br />28. Applicability of Aqreement To Assignees. This Agreement shall be binding upon and shall <br />inure to the benefit of the successors and assigns of the parties to this Agreement. <br />29. Authority to Execute Aqreement. Each undersigned represents and warrants that its <br />signature herein below has the power, authority and right to bind their respective parties to each of <br />the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's <br />fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held <br />by the signatory or is withdrawn. <br />30. Incorporation of Exhibits. All Attachments referenced herein and attached hereto shall be <br />incorporated as if fully set forth in the body of this Agreement. <br />The parties have executed this Agreement as of the date written below <br />SELLER: Kinco Redhill, LLC, <br />A C ~ 'a limited liability company <br />r <br />By <br />Its: <br />CITY/BUYER: <br />CITY OF SAN~,q ANq~ <br />0 ; `~ ,r, <br />David N. Ream <br />City Manager <br />ATTEST: <br />BY: ~R.. .~ • Dated ~~ ~ <br />aria D. Huizar <br />Clerk of the Council <br />APPROVED AS TO FORM: <br />Joseph W. Fletcher----.., <br />City Attey -' ~ <br />Jae Sandoval ~%'' <br />C~iief Assistant City Attoxney <br />Page 4 of 16 <br />