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such assignment and assumes and agrees to perform all of the terms and covenants of <br />the Agreement. <br />3. The City hereby approves the foregoing assignment and delegation, <br />conditioned upon execution of this Assignment by all parties and further conditioned upon <br />Assignees providing the cash Performance Guarantee required by the Agreement. <br />4. Delo Apartments and Assignees each agree to indemnify and hold harmless <br />the City, its officers, employees, agents, and servants, and to pay any and all judgments <br />rendered against said persons on account of any suit, action, or claim caused by, arising <br />from, or on account of the acts or omissions or representations in this Assignment by <br />each and their officers, employees, agents, consultants, contractors, and subcontractors <br />or representations by each in this Assignment, and to pay to the City and said persons <br />their reasonable expenses, including but not limited to reasonable attorney fees and <br />reasonable expert witness fees, incurred in defending any such suit, action or claim; <br />provided, however, that such obligation herein shall not apply to the extent said suit, <br />action, or claim results from any acts or omissions of officers, employees, agents or <br />servants of the City. <br />5. This Assignment may be executed in one or more counterparts, and when all <br />counterparts are so signed, the sum of them shall be considered the original, and shall be <br />deemed to have been signed as one integrated document. <br />6. The addresses for any notice pursuant to this Assignment or the <br />Agreements shall be as follows: <br />City of Louisville <br />Attn: City Manager <br />749 Main Street <br />Louisville, CO 80027 <br />Delo Apartments, LLC <br />Attn: Randall Bjerke <br />Gordon Sims <br />Scot Smith <br />3769 Orange Lane <br />Boulder, CO 80304 <br />CT Delo LLC <br />Attn: Ben Agin <br />390 Union Boulevard, Suite 150 <br />Lakewood, CO 80228 <br />2 <br />with a copy to: <br />City of Louisville <br />Attn: City Attorney <br />749 Main Street <br />Louisville, CO 80027 <br />with a copy to: <br />with a copy to: <br />Fox Rothschild LLP <br />Attn: Stephen Bohara <br />1225 17th Street, Suite 220 <br />Denver, CO 80202 <br />