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has not provided the City with an acceptable Property Management Plan, Marketing and Resident <br /> Selection Plan, or other condition specified in the Regulatory Agreement. <br /> If City declines to furnish a Certificate of Completion after written request from Developer,the <br /> City Project Manager shall,within thirty(30)days after receipt of the request,provide Developer with <br /> a written statement of the reasons therefore. The statement shall contain a description of the action <br /> Developer must take to obtain a Certificate of Completion. If the reason therefore is that the Developer <br /> has not completed a minor portion of the construction, City may, in its sole and absolute discretion, <br /> issue the Certificate of Completion upon the posting with City of a bond or other form of security <br /> acceptable to the City Project Manager in the amount of the fair value of the uncompleted work. <br /> A Certificate of Completion is not "notice of completion" referred to in Section 3093 of the <br /> California Civil Code. <br /> 14. INDEMNIFICATION <br /> 14.1 Nonliability of City. Developer acknowledges and agrees that: <br /> (a) The relationship between Developer and the City is and shall remain solely <br /> that of Developer and grantor. City neither undertakes nor assumes any responsibility to review, <br /> inspect, supervise, approve (other than for aesthetics) or inform Developer of any matter in <br /> connection with the construction, including matters relating to: (i) the performance of the <br /> construction work; (ii) architects, contractors, subcontractors and materialmen, or the <br /> workmanship of or materials used by any of them; or, (iii) the progress of the construction; and <br /> Developer shall rely entirely on its own judgment with respect to such matters and acknowledges <br /> that any review, inspection, supervision, approval or information supplied to Developer by City in <br /> connection with such matters is solely for the protection of City, and that neither Developer nor <br /> any third party is entitled to rely on it; <br /> (b) Notwithstanding any other provision of this Agreement: (i)the City is not a <br /> partner,joint venture, alter-ego, manager, controlling person or other business associate or <br /> participant of any kind of Developer, and City does not intend to ever assume any such status; (ii) <br /> City's activities in connection with the Inclusionary Grant shall not be "outside the scope of the <br /> activities of a lender of money" within the meaning of California Civil Code Section 3434, as <br /> modified or recodified from time to time, and City does not intend to ever assume any <br /> responsibility to any person for the quality or safety of the Property; and, (iii) City shall not be <br /> deemed responsible for or a participant in any acts, omissions or decisions of Developer; <br /> (c) City shall not be directly or indirectly liable or responsible for any loss or <br /> injury of any kind to any person or property resulting from any construction on,or occupancy or use <br /> of, the Property, whether arising from: (i) any defect in any building, grading, landscaping or other <br /> onsite or offsite improvement; (ii) any act or omission of Developer or any of Developer's agents, <br /> employees, independent contractors, licensees or invitees; or (iii) any accident on the Property or <br /> any fire or other casualty or hazard thereon; and, <br /> 19 <br /> 55394.00101\42414134.1 <br />