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of the Construction, City may, in its sole and absolute discretion, issue the Certificate of <br />Completion upon the posting with City of a bond or other form of security acceptable to <br />the Executive Director in the amount of the fair value of the uncompleted work. <br />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 />A Certificate of Occupancy issued by the City will also meet the same purpose and <br />requirement as the Certificate of Completion. <br />Section 18. INDEMNIFICATION <br />18.1. Nonliability of City. Developer acknowledges and agrees that <br />(a) The relationship between Developer and City is and shall remain <br />solely that of borrower and lender, City neither undertakes nor assumes any responsibility <br />to review, inspect, supervise, approve (other than for aesthetics) or inform Developer of <br />any matter in connection with the construction, including matters relating to: (i) the <br />performance of the construction work, (ii) architects, contractors, subcontractors and <br />materialmen, or the workmanship of or materials used by any of them, or (iii) the progress <br />of the construction; and Developer shall rely entirely on its own judgment with respect to <br />such matters and acknowledges that any review, inspection, supervision, approval or <br />information supplied to Developer by City in connection with such matters is solely for the <br />protection of City and that neither Developer nor any third party is entitled to rely on it; <br />(b) Notwithstanding any other provision of any Loan Document: (i) the <br />City is not a partner, joint venture, alter -ego, manager, controlling person or other business <br />associate or participant of any kind of Developer and City does not intend to ever assume <br />any such status; (ii) City's activities in connection with the City/HOME-ARP Loan shall <br />not 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 of <br />the Property; and, (iii) City shall not be deemed responsible for or a participant in any acts, <br />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 or <br />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 />43 <br />WISEPlace Pennanent Supportive ]lousing <br />City HOME -ARP Loan Agreement <br />