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<br />19 <br />The Crossroads at Washington <br />City HOME Affordability Restrictions on Transfer of Property <br />23.5. Nonliability. By accepting or approving anything required to be performed <br />or given to City under these Restrictions, City shall not be deemed to have warranted or <br />represented the sufficiency or legal effect of the same, and no such acceptance or approval <br />shall constitute a warranty or representation by City to anyone. <br />23.6. Obligations Unconditional and Independent. Notwithstanding the existence <br />at any time of any obligation or liability of City to Developer, or any claim by Developer <br />against City, in connection with these Restrictions or otherwise, Developer hereby waives <br />any right it might otherwise have: (a) to offset any such obligation, liability or claim against <br />Developer’s obligations under these Restrictions; or (b) to claim that the existence of any <br />such obligation, liability or claim excuses the nonperformance by Developer of any of its <br />obligations under these Restrictions. <br />24. Reserved. . <br /> <br />25. Notices. All notices, demands, approvals and other communications provided for <br />in the Loan Documents shall be in writing and be delivered to the appropriate party by <br />personal service or U.S. mail at its address as follows: <br /> <br />If to Developer: Washington Santa Ana Housing Partners, L.P., <br /> a California limited partnership <br /> <br />With a copy to: <br /> <br />If to City: City of Santa Ana <br />Executive Director (CDA) <br />20 Civic Center Plaza (M-26) <br />P .0. Box 1988 <br />Santa Ana, California 92702 <br /> <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 /> <br />Addresses for notice may be changed as required by written notice to all other <br />parties. 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. The <br />foregoing notwithstanding, the non-receipt of any notice as the result of a change of address <br />of which the sending party was not notified or as the result of a refusal to accept delivery <br />shall be deemed receipt of such notice. <br /> <br /> <br />{signatures on following page} <br /> <br />EXHIBIT 5