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(d) Failure to deliver a written assumption agreement does not affect the running of <br /> any covenants in this Agreement with the land, nor does that failure negate, modify or <br /> otherwise affect the liability of any transferee under this Agreement. <br /> <br /> (e) All provisions of this Agreement are enforceable as equitable servitudes and <br /> constitute covenants running with the land pursuant to applicable law, including, but not <br /> limited to, Section 1468 of the Civil Code of the State of California. Each covenant to do <br /> or refrain from doing some act on the Property, or with respect to any City-owned <br /> property: <br /> <br />(i) Is for the benefit of those properties and is a burden upon those properties; <br />(ii) Runs with those properties; and <br />(iii) Binds each party to this Agreement and each successive owner during its <br /> <br />ownership of those properties or any portion, and each person having an interest in <br />those properties derived in any manner through any owner of those properties, or any <br />portion, and benefits each party and its property hereunder, and every other person <br />succeeding to an interest in those properties. <br /> <br />24. Assignment, Successors. <br /> <br />Subject to Section 23, nothing in this Agreement prevents Owner from conveying all or <br />a part of its interest in the Property to a buyer, assignee, c~ other nominee as Owner <br />may elect. This Agreement is binding upon and inures to the benefit of the respective <br />assigns, heirs, successors and legal representatives of the parties. <br /> <br /> -20- <br />opfer0408 <br />FXS:dr <br />02/04/02R, 02/12/02R, 04/08/02R <br /> <br /> <br />