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27. Monuments. All pipes and monuments shown on the Fina1 Map which are destroyed or displaced during construction operations by Developer or its agents sha:ll be replaced by Developer at the time of the final inspection of the Improvements,if any. 28. Attorneys'Fees. Should aay 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 pariy shall be entitled to all costs of suit, reasonable attomeys' fees, arbitration costs and such other costs as may be deterniined by the court or arbitrator. 29. Norices. Any norices relating to ttus Agreement sha11 be given in writing and shall be deemed sufficiently given and served for all piuposes 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 SLJNCAP 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 eopy to: City of Redwood City 1017 Middlefield Road Redwood City,California 94063 Attn:City Attomey 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 assumpfion agreement in a form reasonably acceptable to the City Attomey. 31. Binding Upon Heirs, Successors and Assigns. The terms, covenants and conditions of this Agreement sha11 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 Agreernent 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 aze not intended to be used in interpreting or construing the terms,covenants or conditions contained"m this Agreement. REV:02-20-15 VR Page 11 of21 ATTY/AGR.2015.034/SunCap Redwood LLC(IA)