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<br />No waiver by the Agency of any breach of or default under this Agreement shall be deemed to be a <br />waiver of any other or subsequent breach thereof or default hereunder. <br /> <br />22, Counterparts. This Agreement may be executed in several counterparts, each of which <br />shall be an original and all of which shall constitute one and the same instrument <br /> <br />23. Attorneys Fees, Costs. In any action to enforce or relating to this Agreement, the <br />prevailing party shall be entitled to recover from the other party, its costs and expenses including attorney <br />fees. The term "costs and expenses" as used herein shall include all cos d expenses actually and <br />reasonably incurred. Such costs and expenses shall be recoverable whe ices were rendered by <br />a salaried employee of the party or by an independent contractor. <br /> <br />(b) The Borrower has <br />Agreement and to make and accept the borr <br />Agreement and all other documents or ins <br />delivered, pursuant to this Agreement, and to p <br />above. <br /> <br /> <br />. s Agreement on behalf <br /> <br />24. Representations and Warranties, The persons who <br />of the Borrower and the Borrower represent and warrant to th <br /> <br />(a) The Borrower is duly organized <br />laws of the State of California and has the power <br />business as now being conducted. The copies of the <br />Borrower delivered to the Agency are true and current copies <br /> <br />to execute and deliver this <br />o execute and deliver this <br />ed, or to be executed and <br />s and provisions of all of the <br /> <br />uments 0 struments executed and delivered, or <br />t have been and will continue to be executed and <br />te and deliver the same for and on behalf of the <br />s organizational documents and applicable <br /> <br />and delivered, pursuant to this <br /> <br />and deliv <br />executed an <br />in accordance <br /> <br />other documents or instruments which have been executed <br />reem constitute or, if not yet executed or delivered, will when so <br />legal, valid and binding obligations of Borrower enforceable against it <br />terms. <br /> <br />CalHFA HELP.LN.AGMT.MASTER <br />71l3/04.(AR) <br /> <br />5 <br />