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A Certificate of Completion is not evidence of compliance with or satisfaction of <br />the Loan Documents or any obligation of Developer to any other party whatsoever, <br />including any holder of a mortgage or deed of trust. A Certificate of Completion is not <br />"notice of completion" referred to in Section 3093 of the California Civil Code. <br />18. INDEMNIFICATION <br />18.1 Nonliability. of City. Developer acknowledges and agrees that: <br />(a) The relationship between Developer and City is and <br />shall remain solely that of borrower and lender, City neither undertakes nor assumes any <br />responsibility to review, inspect, supervise, approve (other than for aesthetics) or inform <br />Developer of any matter in connection with the rehabilitation, including matters relating <br />to: (i) the performance of the rehabilitation work, (ii) architects, contractors, <br />subcontractors and materialmen, or the workmanship of or materials used by any of them, <br />or (iii) the progress of the rehabilitation; and Developer shall rely entirely on its own <br />judgment with respect to such matters and acknowledges that any review, inspection, <br />supervision, approval or information supplied to Developer by City in connection with <br />such matters is solely for the protection of City and that neither Developer nor any third <br />party is entitled to rely on it; <br />(b) Notwithstanding any other provision of any Loan Document: (i) <br />the City are not a partner, joint venture, alter -ego, manager, controlling person or other <br />business associate or participant of any kind of Developer and City does not intend to <br />ever assume any such status; (ii) City's activities in connection with the Loan(s) shall not <br />be "outside the scope of the activities of a lender of money" within the meaning of <br />California Civil Code Section 3434, as modified or recodified from time to time, and City <br />does not intend to ever assume any responsibility to any person for the quality or safety <br />of the Property; and (iii) City shall not be deemed responsible for or a participant in any <br />acts, omissions or decisions of Developer; <br />(c) City shall not be directly or indirectly liable or responsible for any <br />loss or injury of any kind to any person or property resulting from any construction on, or <br />occupancy or use of, the Property, whether arising from: (i) any defect in any building, <br />grading, landscaping or other onsite or offsite improvement; (ii) any act or omission of <br />Developer or any of Developer's agents, employees, independent contractors, licensees <br />or invitees; or (iii) any accident on the Property or any fire or other casualty or hazard <br />thereon; and <br />(d) By accepting or approving anything required to be performed or <br />given to City under the Loan Documents, including any certificate, financial statement, <br />survey, appraisal or insurance policy, City shall not be deemed to have warranted or <br />represented the sufficiency or legal effect of the same, and no such acceptance or <br />approval shall constitute a warranty or representation by City to anyone. <br />32 <br />251 -38 <br />