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9.10 Information Accurate. To the best of Developer's knowledge, all <br />information, regardless of its form, conveyed by Developer to Agency, by whatever means, <br />is accurate, and correct in all material respects and is sufficiently complete to give Agency <br />true and accurate knowledge of its subject matter, and does not contain any material <br />misrepresentation or omission. <br />9.11 Conflicts of Interest. No member, official or employee of the Agency shall <br />have any personal interest, direct or indirect, in this Agreement, nor shall any such member, <br />official or employee participate in any decision relating to this Agreement which affects <br />his/her personal interests or the interests of any corporation, partnership or association in <br />which he/she has a direct or indirect financial interest. The Developer warrants that it neither <br />has paid nor given, nor will pay or give, any third party any money or other consideration for <br />obtaining this Agreement. <br />9.12 Nonliability of Agency Officials and Employees. No member, official or <br />employee of the Agency shall be personally liable to the Developer in the event of any default <br />or breach by the Agency or for any amount which may become due to Developer or on any <br />obligations under the terms of this Agreement. <br />9.13 No Assignment. Developer expressly acknowledges and agrees that the <br />Agency has only agreed to assist the Developer as a means by which to induce the <br />construction/development of the Project. Accordingly, Developer further expressly <br />acknowledges and agrees that this Agreement is a personal right of Developer that is neither <br />negotiable, transferable, nor assignable except as set forth herein. Developer may assign some <br />or all of its rights under the Agreement only with the prior written consent of the City Project <br />Manager, except that no prior consent is necessary for an assignment by a limited partner of <br />Developer to an affiliate, for the inclusion of tax credit investors in the Agreement, or as <br />otherwise provided in the Agency Deed of Trust. <br />9.14 Applicable Law. This Agreement shall be interpreted, governed and <br />enforced under federal and California state law with venue in Orange County, California. <br />9.15 Third Parties. This Agreement is made for the sole benefit of Developer and <br />the Agency and their successors and assigns, and no other person or persons shall have any <br />rights or remedies under or by reason of this Agreement or any right to the exercise of any <br />right or power of the Agency hereunder or arising from any default by Developer, nor shall <br />the Agency owe any duty whatsoever to any claimant for labor performed or materials <br />furnished in connection with the construction of the Property. <br />9.16 Control of Property. The parties acknowledge that the Agency has not at <br />anytime participated in any manner in the management or operation of the Property, and will <br />not so participate at any time hereafter. <br />10. CONDITIONS FOR CONSTRUCTION <br />10.1 Permits and Approvals. Developer shall diligently obtain all permits, <br />including all Building Permits, licenses, approvals, exemptions and other authorizations of <br />80A-112 <br />