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Section 6.18 Multiple Originals; Counterparts. This Agreement may be executed in <br />multiple originals, and may be signed in any number of counterpart, each of which when so <br />executed and delivered shall be an original, but all of which shall together constitute one and the <br />same instrument. <br />Section 6.19 No Claims. Nothing contained in this Agreement shall create or justify <br />any claim against the City by any person that the Owner may have employed or with whom the <br />Owner may have contracted relative to the purchase of materials, supplies or equipment, or the <br />furnishing or the performance of any work or services with respect to the Affordable Site or the <br />construction of Building Three. <br />Section 6.20 Titles of Parts and Sections. Any titles of the sections or subsections of <br />this Agreement are inserted for convenience of reference only and shall be disregarded in <br />interpreting any part of the Agreement's provisions. <br />Section 6.21 Entire Agreement. This Agreement constitutes the entire agreement <br />between the Parties and no modification hereof shall be binding unless reduced to writing and <br />signed by the Parties hereto. <br />Section 6.22 Hold Harmless. Owner will indemnify and hold harmless (without limit <br />as to amount) City, its council members, officers, employees and agents in their official capacity <br />(hereinafter collectively referred to as "Indemnitees"), and any of them, from and against all loss, <br />all risk of loss and all damage (including expense) sustained or incurred because of or by reason <br />of any and all claims, demands, suits, actions, judgments and executions for damages of any and <br />every kind and by whomever and whenever made or obtained, allegedly caused by, arising out of <br />or relating in any manner to the Affordable Project or the Owner's performance or non- <br />performance under this Agreement, and shall protect and defend Indemnitees, and any of them <br />with respect thereto, except to the extent caused by the gross negligence or willful misconduct of <br />the Indemnitees, as applicable. The provisions of this Section shall survive expiration or other <br />termination of this Agreement or any release of part or all of the Affordable Site from the <br />burdens of this Agreement, and the provisions of this Section shall remain in full force and <br />effect. <br />Section 6.23 Subordination. The restrictions imposed under this Agreement are land <br />use restrictions required to comply with the requirements under the Affordable Housing <br />Ordinance and California Government Code section 65915 and may not be subordinated. The <br />City has no intent or obligation to subordinate this Agreement to any current or future financing <br />or deeds of trust. <br />Section 6.24 Compliance with Financing Requirements. Owner shall comply with the <br />requirements of any lenders financing the Affordable Project or who have a secured interest in <br />the Affordable Project. <br />Section 6.25 Tax Credit Program. Notwithstanding anything contained herein to the <br />contrary, if and for as long as the Property is subject to the requirements of the California and/or <br />Federal Low -Income Housing Tax Credit Program under the provisions of Section 42 of the <br />Code and Section 23610.5 of the California Revenue and Taxation Code, as applicable <br />1199\10\3491196.8 23 <br />REV: 10-18-23 SK <br />