Agmt15 Hamiilton & Winslow Properties, LLC - DDA

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Developer in lieu of and instead of the requirement in Section 3.4 of the Parking Agreement for the Developer to provide a full valet parking service. ARTICLE 4 DEFAULTS AND TERMINATION 4.1 Event of Default. Each of the following shall constitute an "Event of Default" under this Addendum: 4. 1.1 Failure by a Party to comply with and observe any of the conditions, terms, or covenants set forth in this Addendum, if such failure remains uncured within sixty (60) days after written notice of such failure from the other Party in the manner provided herein or, with respect to a default that cannot be cured within thirty (60) days, if the Party in default fails to commence such cure within such sixty (60) day period or thereafter fails to diligently and continuously proceed with such cure to completion. However, if a different period, notice requirement, or remedy is specified under any other section of this Addendum, then the specific provision shall control. 4.2 Legal Actions. Either party may institute legal action to cure, correct or remedy any default, and recover damages for any such default, or to obtain any other remedy available to that party, in law or in equity, consistent with the provisions of this Addendum. Such legal actions must be instituted in the Superior Court of the County of San Mateo, State of California. ARTICLE 5 MISCELLANEOUS TERMS 5.1 Entire Agreement, This Addendum and the Parking Agreement contain the entire agreement between the Parties relating to the rights herein granted and the obligations herein assumed. Any oral representations or modifications concerning this Addendum shall be of no force and effect. This Addendum may be amended only by a subsequent document in writing, signed by both parties. If there is a conflict between the Addendum and the Parking Agreement, this Addendum shall control. 5.2 Approvals. Approvals and consents required of City hereunder shall not be unreasonably withheld, and City's approval or disapproval shall be given within the times set forth in this Agreement, or if no time is given, within thirty (30) days after request therefore. The failure of City to approve or disapprove within such time limits shall be deemed an approval. 5.3 Binding Effect. This instrument shall be binding on and shall inure to the benefit of Developer and City, and their respective permitted successors, assigns, heirs, executors and administrators, as provided in the Parking Agreement. REV: 10-11-18 PR Page 6 of 10 ATTY/AGR.2018.244/HAMILTON & WINSLOW PROPERTIES, LLC