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r <br /> instrument to which Assignee is a party, and Assignee is not in breach or default under any lease <br /> or other agreement to which it is a party, (iv) Assignee has no defenses, setoffs, claims, <br /> counterclaims or causes of action of any kind or nature against City, (v) Assignee has not <br /> received any notice from any governmental agency relating to any alleged violation of law, <br /> ordinance, rule or regulation; (vi) Assignee has not filed, and currently has no intention to file, <br /> for any bankruptcy or debtor relief, and Assignee is not insolvent <br /> 9 Effective Date The assignment and assumption set forth above shall be effective as of <br /> the date of this Agreement set forth above <br /> 10 Counterparts This Agreement may be signed by different parties hereto in counterparts <br /> with the same effect as if the signatures to each counterpart were upon a single instrument All <br /> counterparts shall be deemed an original of this Agreement. <br /> 11. Additional Documents. The Assignor, the Assignee and the City agree to execute or <br /> provide such documents and instruments, as may be necessary to effectuate the intent of this <br /> Agreement. <br /> 12 Governing Law This Agreement shall be governed by and construed in accordance with <br /> the laws of the State of California <br /> IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first wntten <br /> above. <br /> ASSIGNOR: <br /> MidPen Housing Corporation, <br /> a California nonprofit public benefit corporation <br /> By: <br /> Its <br /> ASSIGNEE: <br /> KOTTINGER GARDENS PHASE 2 ASSOCIATES, L P., <br /> a California limited partnership <br /> By Kottinger Gardens Phase 2 LLC, <br /> a California limited liability company, <br /> its General Partner <br /> 3 <br />