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4 Venture, Suite 295 <br />Irvine, CA 92618 <br />With a copv to: NEP Assignment Corporation <br />10 S. Riverside Plaza Suite 1700 <br />Chicago Illinois 60606 <br />If to City: City of Santa Ana <br />Executive Director (CDA) <br />20 Civic Center Plaza (M-26) <br />P.O. Box 1988 <br />Santa Ana, California 92702 <br />With a copy to: 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, <br />All notices personally served shall be effective when actually received. All notices <br />mailed shall. be effective three (3) days after deposit in the U.S. Mail, postage prepaid. <br />The foregoing notwithstanding, the non -receipt of any notice as the result of a change of <br />address of which the sending party was not notified or as the result of a refusal to accept <br />delivery shall be deemed receipt of such notice. <br />21.3 Survival of Representations and Warranties. All representations and <br />warranties in the Loan Documents shall survive the making of the Loan described herein <br />and have been or will be relied on by City notwithstanding any investigation made by <br />either party, <br />21.4 No Third Parties Benefited. This Agreement is made for the purpose of <br />setting forth rights and obligations of Developer and the City, and no other person shall <br />have any rights hereunder or by reason hereof, <br />21.5 Finding Effect, Assignment of Obligations. This Agreement shall bind, <br />and shall inure to the benefit of, Developer and City and their respective successors and <br />assigns. Other than as expressly provided to the contrary in this Agreement, Developer <br />shall not assign any of its rights or obligations under any Loan Document without the <br />prior written consent of City, which consent may be withheld in City's sole and absolute <br />discretion. Any such assignment without such consent shall, at City's option, be void. <br />21.6 Prior Agreements; Amendments, Consents. This Agreement (together <br />with the other Loan Documents) contains the entire agreement between the City and <br />Developer with respect to the Loan and the Property, and all prior negotiations, <br />understandings and agreements are superseded by this Agreement and such other Loan <br />Documents. No modification. of any .Loan Document (including waivers of rights and <br />conditions) shall be effective unless in writing and signed by the party against whom <br />40 <br />