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28. Attorneys' Fees. Should any legal action or arbitration be brought by either party because <br /> of breach of this Agreement or to enforce any provision of this Agreement, the prevailing party shall be <br /> entitled to all costs of suit, reasonable attorneys' fees, arbitration costs and such other costs as may be <br /> determined by the court or arbitrator. <br /> 29. Notices. Any notices relating to this Agreement shall be given in writing and shall <br /> be deemed sufficiently given and served for all purposes when delivered personally or by <br /> generally recognized overnight courier service, or five (5) days after deposit in the United States <br /> mail, certified or registered, return receipt requested, with postage prepaid, addressed as follows: <br /> To the Developer: Ernst Development Corporation <br /> 937 Lakeview Way <br /> Emerald Hills, CA 94062 <br /> Attn: Gary Ernst <br /> With a copy to: <br /> Attn: <br /> To the City: City of Redwood City <br /> 1017 Middlefield Road <br /> Redwood City, California 94063 <br /> Attn: City Manager <br /> With a copy to: City of Redwood City <br /> 1017 Middlefield Road <br /> Redwood City, California 94063 <br /> Attn: City Attorney <br /> 30. Assignment by Developer. Developer may assign its obligations under this Agreement <br /> only with the prior written approval of the City. In connection with any such assignment, Developer and <br /> its assignee shall execute and deliver to City a written assignment and assumption agreement in a form <br /> reasonably acceptable to the City Attorney. <br /> 31 . Binding Upon Heirs, Successors and Assigns. The terms, covenants and conditions of <br /> this Agreement shall be binding upon all heirs, successors and assigns of the parties hereto. <br /> 32. Interpretation. The word "including" shall be construed as if followed by the words <br /> "without limitation." All exhibits and attachments to this Agreement are incorporated by reference as <br /> though fully restated herein. This Agreement shall be interpreted as though prepared jointly by both <br /> parties. Section headings in this Agreement are for convenience only and are not intended to be used in <br /> interpreting or construing the terms, covenants or conditions contained in this Agreement. <br /> 33. Severability. If any provision of this Agreement is held, to any extent, invalid, the <br /> remainder of this Agreement shall not be affected, except as necessarily required by the invalid provision, <br /> and shall remain in full force and effect. <br /> ATTY/AGR/2015.127/ 718 CANYON SUBDIVISION IMPROVEMENT AGREEMENT <br /> REV:06-22-15 VR <br /> Page 11 of 20 <br />