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10.13 Eminent Domain. No provision of this Agreement shall be construed <br />to limit or restrict the exercise by CITY" of its power of eminent domain. <br />10.19 Aeent for Service of Process. In the event OWNER is not a resident <br />of the State of California or it is an association, partnership or joint venture without a <br />member, partner or joint venturer resident of the State of California, or it is a foreign <br />corporation, then in any such event, OWNER shall File with the City Manager, upon <br />its execution of this Agreement, a designation of a natural person residing in the State <br />of California, giving his or her name. residence and business addresses, as its agent <br />for the purpose of service of process in any court action arising out of or based upon <br />this Agreement, and the delivery to such agent of a copy of any process in any such <br />action shall constitute valid service upon OWNER. If for any reason service of such <br />process upon such agent is not feasible, then in such event OWNER maybe personally <br />served with such process and such service shall constitute valid service upon <br />OWNER. OWNER is amenable to the process so served, submits to the jurisdiction <br />of the Court so obtained and waives any and all objections and protests thereto. <br />1020 Certificate of Compliance. At any time during the term of this <br />Agreement, any lender or either party may request either party to this Agreement to <br />confirm that ( I ) this Agreement is unmodified and in full force and effect (or if there <br />have been modifications hereto, that this Agreement is in full force and effect as <br />modified and stating the date and nature of such modifications); (2) to the best of such <br />Party's knowledge. no defaults exist under this Agreement or if defaults do exist. to <br />describe the nature of such defaults: and (3) any other information reasonably <br />requested. Each Party hereby agrees to provide a Certificate to such lender or other <br />Party within thirty (30) days of receipt of the written request therefor. <br />10.21 Authority to Execute. The person or persons executing this <br />Agreement on behalf of OWNER warrants and represents that he or she/they have the <br />authority to execute this Agreement on behalf of his or heritheir corporation, <br />partnership or business entity and warrants and represents that he or she/they hasihave <br />the authority to bind OWNER to the performance of its obligations hereunder. <br />-2G- <br />55194.00002 3 1553 187.13 <br />