AgdaPkt 2015-05-04 Closed Interview and Joint SA and PFA

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7.1.B. - Page 17 27. Monuments. All pipes and monuments shown on the Final Map which are destroyed or displaced during construction operations by Developer or its agents shall be replaced by Developer at the time of the final inspection of the Improvements,if any. 28. Attorneys'Fees. Should any legal action or arbitration be brought by either party because of breach of this Agreement or to enforce any provision of this Agreement, the prevailing party shall be entitled to all costs of suit, reasonable attorneys' fees, arbitration costs and such other costs as may be determined by the court or arbitrator. 29. Notices. Any notices relating to this Agreement shall be given in writing and shall be deemed sufficiently given and served for all purposes when delivered personally or by generally recognized overnight courier service, or five(5) days after deposit in the United States mail,certified or registered,return receipt requested,with postage prepaid,addressed as follows: To the Developer: SunCap Redwood,LLC c/o SUNCAP PROPERTY GROUP LLC 6101 Carnegie Boulevard, Suite 180 Charlotte,NC 28209 Attn: Jason Bria With a copy to: SunCap Redwood,LLC c/o SUNCAP PROPERTY GROUP LLC 6101 Carnegie Boulevard, Suite 180 Charlotte,NC 28209 Attn:Flint McNaughton To the City: City of Redwood City 1017 Middlefield Road Redwood City,California 94063 Attn:City Manager With a copy to: City of Redwood City 1017 Middlefield Road Redwood City,California 94063 Attn:City Attorney 30. Assignment by Developer. Developer may assign its obligations under this Agreement only with the prior written approval of the City,not to be unreasonably withheld,conditioned or delayed. In connection with any such assignment,Developer and its assignee shall execute and deliver to City a written assignment and assumption agreement in a form reasonably acceptable to the City Attorney. 31. Binding Upon Heirs, Successors and Assigns. The terms, covenants and conditions of this Agreement shall be binding upon all heirs,successors and assigns of the parties hereto. 32. Interpretation. The word "including" shall be construed as if followed by the words "without limitation." All exhibits and attachments to this Agreement are incorporated by reference as though fully restated herein. This Agreement shall be interpreted as though prepared jointly by both parties. Section headings in this Agreement are for convenience only and are not intended to be used in interpreting or construing the terms,covenants or conditions contained in this Agreement. REV:02-20-15 VR Page 11 of21 ATTY/AGR.2015.034/SunCap Redwood LLC(IA)