Agmt04 El Camino & Vera Street - Laserfiche WebLink

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the date such notice is sent by recognized overnight delivery service; (iii) on the date sent is sent by electronic facsimile; or (iv) on the date five (5) working days after deposit in the United States Mail, certified or registered mail, with postage prepaid. Notices shall be sent to the addresses listed in Exhibit "B". Any party may change its address for delivery of notice by delivering written notice of such change to the other party in compliance with this section. Section 12. Captions. The captions to sections of this Agreement are for convenience only and are not part of this Agreement. Section 13. Severability. If any portion of this Agreement is declared by a court of competent jurisdiction to be invalid or unenforceable, such portion shall be deemed severed from this Agreement and the remaining parts shall remain in full force and effect as though such invalid or unenforceable provision had not been a part of this Agreement. Section 14. No Third Party Beneficiaries. The parties do not intend the benefits of this Agreement to inure to any third party, nor shall any part of this Agreement be so construed. Section 15. Discretionary Authoritv Reserved. This Agreement shall not be interpreted to require the Agency, the City or any other agency of the City to exercise its discretion with respect to the Project in any predetermined manner, nor to require the Agency or the City to approve the Project, or any part thereof, or any related undertakings. Section 16. No Joint Venture or Partnership. Nothing contained in this Agreement shall create or be deemed to create any form of joint venture, partnership or be deemed to create any form of association of any kind or nature between the Agency (or the City) and the Developer. Section 17. Hold Harmless and Indemnification. The Developer hereby agrees to indemnify, defend and hold harmless the Agency and the City, and their respective officers, employees, agents and consultants from and against any and all actions, suits, proceedings, claims, demands, losses, costs, expenses and judgments, including legal costs and attorneys fees arising therefrom, or any injury of any negligent or intentional act or 6 .