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6503483518 p.4 Ma~ 07 2004 13:30 FITZGERALD LAW OFFICE -....----------- -..-..--_u- .---.- .------- 11. 12. Paradise further agrees that it will not bring, commence, institute, maintain or prosecute, or voluntarily aid any action at law, proceeding in equity including, but not limited to, inverse condemnation or eminent domain, or otherwise prosecute or sue the other or any of them or their subsidiaries, affiliates, successors, representatives, assigns, officers, directors, partners, and employees, including the City, either affmnatively or by way of c;:ross-complaint, defense or counterclaim or by any other manner or at all, on any alleged claim demand, liability or cause of action in any manner arising out of the occupancy and location of the subject property within the public project. This Agreement may be pleaded as a full and complete defense to and may be used as the basis for any injunction against any action, suit or other proceeding which may be instituted, prosecuted or attempted by any party hereto in breach hereof. 13. The parties will, upon request, execute, acknowledge and deliver such documents or take such action as may be necessary or convenient to carry out this Agreement. 14. This Agreement is subject to and conditional upon approval by the City Council of the City of Redwood City. Any amendment of, or supplement to this Agreement and/or any instruments hereunder must be in writing. IN WITNESS WHEREOF, the parties hereto have entered into and executed this agreement this ~ day of J\A..-v\ ,2004. PARADISE \ PARADISE- 15. BY~ ~\. Mario Martins, i vidually and dba Paradise Island Juice & Java *.ð~ ~4ð^ ' Susan Thompson, in . idually and dba Paradise Island Juice & Java APPROVAL: :~~7!iu Ed Everett City Manager ATTEST: \.. ~ ~: ~ .J \A,Q--~ Cl Patricia Howe City Clerk, City of Redwood City ) Page 3 of 3