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C� , � - � . �-�- . <br /> To Developer: On Broadway Redwood City, LLC <br /> c/o Buchanan Street Partners <br /> 620 Newport Center Drive, Suite 850 <br /> Newport Beach, CA 92600 <br /> Attn: Timothy J. Ballard <br /> With Copies to: Cinema Square, LLC <br /> 2656 Bridgeway, Suite 200 <br /> Sausalito, CA 94965 <br /> Attn: David Irmer <br /> BHV Innisfree Ventures I, LLC <br /> 411 Hartz Avenue, Suite 200 <br /> Danville, CA 94526 <br /> Attn: Bradley Blake <br /> To Third Party <br /> Beneficiary: Century Theaters, Inc. <br /> 150 Pelican Way <br /> San Rafael, CA 94901 <br /> Atm: General Counsel <br /> With a Copy to: Piper Rudnick, LLP <br /> � 203 North LaSalle Street, Suite 1800 <br /> Chicago, IL 60601 <br /> Attn: David B. Sickle, Esq. <br /> To Lender(s): As Specified in Section 12 <br /> d. Financina Considerations - In the event that a potential source of <br /> financing for the Retail Cinema refuses to finance the Retail Cinema based on the <br /> insufficiency of the easements granted to the Developer herein, the parties hereto agree <br /> that they shall each cooperate in good faith to grant the Developer such other rights or <br /> easements as may be reasonably requested by such lender, provided that in any event the <br /> City shall not be obligated to transfer title to any property in fee, or to grant any ri�ht or <br /> interest which would impair the use, operation or marketability of the Public Parking <br /> Facility or grant any right or interest in a public right of way. <br /> e. Attorneys' Fees - Should any dispute arise between the parties <br /> hereto or successors and assigns concerning any provision of this Agreement or the rights <br /> and duties of any party hereto, the prevailing party in such dispute shall be entitled, in <br /> addition to any other relief requested or granted, to recover coun costs and reasonable <br /> attorneys' fees in connection with such dispute. As used herein, the term "prevailing <br /> party" shall mean the party which obtains the principal relief it has sought, whether by <br /> compromise settlement or judgment. If the party which shall have commenced or <br /> instituted the action, suit or proceeding shall dismiss or discontinue it without the <br /> R E D W\0002\007-9 P R E F. DO C <br /> 6125\04 7130 law <br /> 14 <br />