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l.S/ � I � � I � - <br /> 2. Enforcement Rights. Notwithstanding anything to the contrary set forth in <br /> this Agreement, as a third party beneficiary Century shall have the right to enforce <br /> this Agreement in its own name, including the right to enjoin any breach or violation <br /> of this Agreement and no amendment, modification or waiver of the terms and <br /> provisions of this Agreement shall be effective unless consented to in writing by <br /> Century. Further, Century shall have the right to enforce this Agreement on behalf <br /> of, and in the name of, the Developer. The obligations of the Parties under this <br /> Agreement shall be specifically enforceable, as any breach or non-performance <br /> thereof would cause immediate, irreparable hann to the other Pariy and the tenants <br /> and occupants of the Project for which money damages alone would not be an <br /> adequate remedy. <br /> C. Conflict Resolution <br /> The Parties agree to attempt to resolve any controversy among them arising out of this <br /> Agreement by first meeting and conferring for ninety (90) days, and then implementing <br /> mediation for ninety (90) days if issues remain unresolved; provided, however, <br /> notwithstanding the foregoing, any Party shall have the right at any time prior to or <br /> during the conflict resolution procedure specified above, to seek the enforcement of this <br /> Agreement by formal legal or equitable actions. <br /> D. Notices <br /> Any notice, payment or instrument required or pernutted by this Agreement to be given or <br /> delivered to any party shall be deemed to have been received (regardless of whether copies <br /> thereof have been delivered, transmitted or sent to, or received by the entities designated to <br /> receive copies, as set forth below) when personally delivered, transmitted by telecopy or <br /> facsimile transmission (which shall immediately be confirmed by telephone and be followed <br /> by mailing an original of the same within 24 hours after such transmission) or 72 hours <br /> following deposit of the same in the United States mail, registered or certified, postage <br /> prepaid, addressed as follows: <br /> CITl': City of Redwood City <br /> 1017 Middlefield Road <br /> Redwood City, CA 94063 <br /> Telephone: (650) 780-7300 <br /> Facsimile: (650) 780-7225 <br /> Attention: Ed Everett, City Manager <br /> With a copy to: City of Redwood City <br /> 1017 Middlefield Road <br /> Redwood City, CA 94063 <br /> Telephone: (650) 780-7200 <br /> Facsimile: (650) 780-5963 <br /> Attention: City Attorney <br /> AttylAgr/Agr.194 <br /> 062404 14 <br />