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8.A. - Page 103 <br /> 3.17 Limitation on City's Right of Assignment. The City may not assign, transfer or <br /> otherwise convey, whether voluntarily or otherwise, any or all of its rights under this Parking <br /> Agreement to any person or entity other than to any entity which succeeds the City of Redwood <br /> City, California, and its agencies. <br /> ARTICLE 4 <br /> DEFAULTS AND TERMINATION <br /> 4.1 Event of Default. Each of the following shall constitute an "Event of Default" <br /> under this Parking Agreement: <br /> 4.1.1 Failure by a Party to comply with and observe any of the conditions, <br /> terms, or covenants set forth in this Parking Agreement, if such failure remains uncured within <br /> sixty (60) days after written notice of such failure from the other Party in the manner provided <br /> herein or, with respect to a default that cannot be cured within thirty (30) days, if the Party in <br /> default fails to commence such cure within such sixty (60) day period or thereafter fails to <br /> diligently and continuously proceed with such cure to completion. However, if a different period, <br /> notice requirement, or remedy is specified under any other section of this Parking Agreement, <br /> then the specific provision shall control. <br /> 4.2 Legal Actions. Either party may institute legal action to cure, correct or remedy <br /> any default, and recover damages for any such default, or to obtain any other remedy available to <br /> that party, in law or in equity, consistent with the provisions of this Parking Agreement. Such <br /> legal actions must be instituted in the Superior Court of the County of San Mateo, State of <br /> California. <br /> ARTICLE 5 <br /> MISCELLANEOUS TERMS <br /> 5.1 Entire Agreement. This Parking Agreement contains the entire agreement <br /> between the Parties relating to the rights herein granted and the obligations herein assumed. Any <br /> oral representations or modifications concerning this Parking Covenant and Agreement shall be <br /> of no force and effect. This Parking Agreement may be amended only by a subsequent <br /> document in writing, signed by the party to be charged. <br /> 5.2 Approvals. Approvals and consents required of City hereunder shall not be <br /> unreasonably withheld, and City's approval or disapproval shall be given within the times set <br /> forth in this Agreement, or if no time is given, within thirty (30) days after request therefore. The <br /> failure of City to approve or disapprove within such time limits shall be deemed an approval. <br /> 5.3 Attorneys' Fees. In the event of any action or proceeding relating to this Parking <br /> Agreement or any breach thereof, the prevailing Party shall be entitled to recover from the non- <br /> 82483.00019 \9644366. 13 <br /> ATTY /AGR /2015.146 /HAMILTON - WINSLOW DDA <br /> REV: 07 -22 -15 VR <br /> Page 62 of 102 <br />