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14211 Yorba Street, Suite 200 <br />Tustin, CA 92781 <br />If to City: City of Santa Ana <br />City Project Manager (CDA) <br />20 Civic Center Plaza (M-25) <br />P.O. Box 1988 <br />Santa Ana, California 92702 <br />With a copy to: Office of the City Attorney <br />City of Santa Ana <br />20 Civic Center Plaza, 7th Floor (M-29) <br />Santa Ana, California 92702 <br />Addresses for notice may be changed as required by written notice to all other parties. All <br />notices personally served shall be effective when actually received. All notices mailed shall be <br />effective three (3) days after deposit in the U.S. Mail, postage prepaid. The foregoing <br />notwithstanding, the non-receipt of any notice as the result of a change of address of which the <br />sending party was not notified or as the result of a refusal to accept delivery shall be deemed <br />receipt of such notice. <br />21.3 Survival of Representations and Warranties. All representations and warranties in the <br />Loan Documents shall survive the making of the Loan(s) described herein and have been or will <br />be relied on by City notwithstanding any investigation made by either party. <br />21.4 No Third Parties Benefited. This Agreement is made for the purpose of setting forth <br />rights and obligations of Developer and the City, and no other person shall have any rights <br />hereunder or by reason hereof. <br />21.5 Binding Effect; Assignment of Obligations. This Agreement shall bind, and shall inure <br />to the benefit of, Developer and City and their respective successors and assigns. Other than as <br />expressly provided to the contrary in this Agreement, Developer shall not assign any of its rights <br />or obligations under any Loan Document without the prior written consent of City, which <br />consent may be withheld in City's sole and absolute discretion. Any such assignment without <br />such consent shall, at City's option, be void. <br />21.6 Prior Agreements; Amendments; Consents. This Agreement (together with the other <br />Loan Documents) contains the entire agreement between the City and Developer with respect to <br />the Loan and the Property, and all prior negotiations, understandings and agreements are <br />superseded by this Agreement and such other Loan Documents. No modification of any Loan <br />Document (including waivers of rights and conditions) shall be effective unless in writing and <br />signed by the party against whom enforcement of such modification is sought, and then only in <br />the specific instance and for the specific purpose given. <br />21.7 Governing Law. All of the Loan Documents shall be governed by, and construed and <br />enforced in accordance with, the laws of the State of California and Federal law, whichever is <br />1076\01 \1333668.1 <br />39 <br /> <br />