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Agmt15 Premia 550 Owner LLC
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Agmt15 Premia 550 Owner LLC
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Last modified
9/19/2018 4:33:30 PM
Creation date
12/16/2015 12:32:09 PM
Metadata
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Template:
Agreement
Contractor Name
Premia 550 Owner LLC
PROJECT NAME
License for Interim parking at 707 and 777 Bradford St for construction at 550 Allerton: Filed in project file 304 Premia South County LLC
RMP File Number
304.5
Date
12/15/2015
MO Ref
15-188
Amendment
Yes
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20. Applicable �aw and Venue. This Agreement and all rights and remedies of the parties <br /> hereto shall be construed and enforced in accordance with the laws of the State of California. In <br /> the event that suit shall be brought by either party to this Agreement, the parties agree that <br /> venue shall be exclusively vested in the State courts of the LICENSEE af San Mateo. <br /> 21. Waiver of Default: Cumulative Remedies. No waiver of any default by any party to this <br /> Agreement shall be implied from any omission by any other party to take any action in respect <br /> of such default if such default continues or is repeated. No express waiver of any default shall <br /> affect any default or cover any period of time other than the default and period of time specified <br /> in such express waiver. One or more waivers of any default in the performance of any term, <br /> provision or covenant contained in this Agreement shall not be deemed to be a waiver of any <br /> subsequent default in the perFormance of the same term, provision or covenant or any other <br /> term, provision or covenant contained in this Agreement. The consent or approval by any party <br /> to or of any act or request by any other party requiring consent or approval shall not be deemed <br /> to waive ar render unnecessary the consent to or approval of any subsequent similar acts or <br /> requests. The rights and remedies given to any party by this Agreement shall be deemed to be <br /> cumulative and no such rights and remedies shall be exclusive of any of the others, or of any <br /> other right or remedy at law or in equity which any such party might otherwise have by virtue of <br /> a default under this Agreement, and the exercise of one such right or remedy by any such party <br /> shall not impair such party's standing to exercise any other right or remedy. <br /> 22. Counterparts. This Agreement may be executed in any number of counterparts, each <br /> of which shall be deemed an original, and when taken together they shall constitute one and the <br /> same Agreement. Signatures may be made by telecopy provided the original is promptly mailed <br /> to the other party. <br /> 23. Recitals. The recitals above are incorporated by reference as though fully set forth in <br /> the Agreement. <br /> 24. Relocation Waiver. LICENSEE fully releases and discharges CITY from all and any <br /> manner of rights, demands, liabilities, obligations, claims, or causes of action, in law or equity, of <br /> whatever kind or nature, whether known or unknown, whether now existing or hereinafter <br /> arising, which arise from or relate in any manner to the sale of the City Property, the full or <br /> partial termination of LICENSEE's right to use the License Area as permitted under this License <br /> Agreement, or the relocation of LICENSEE's business operations or the relocation of any <br /> person or persons, business or businesses, or other occupant or occupants located on the <br /> License Area, including, without limitation, the specific waiver and release of any right to any <br /> relocation benefits, assistance and/or payments under Government Code Sections 7260 et seq. <br /> ("Relocation Assistance Law"), notwithstanding that such relocation assistance, benefits <br /> andlor payments may be otherwise required under the Relocation Assistance Law or other state <br /> or federal law, and compensation for any interest in LICENSEE's business operations or the <br /> License Area including, but nat limited to, improvements; license or leasehold bonus value; <br /> fixtures, furniture, or equipment; loss of business goodwill; severance damage; attorneys' fees <br /> or any other compensation of any nature whatsoever. LICENSEE acknowledges and agrees <br /> that the release and waiver set forth in this paragraph is material consideration for CITY's <br /> licensing of the License Area to LICENSEE on the terms set forth herein and that, but for this <br /> release and waiver, CITY wauld not have licensed the License Area to LICENSEE. It is hereby <br /> intended that the above release relates to both known and unknown claims that the LICENSEE <br /> may have, or claim to have, against CITY with respect to the subject matter contained in this <br /> Section 24 or the events relating thereto. By releasing and forever discharging claims both <br /> known and unknown which are related to or which arise under or in connection with the items <br /> REV: 11-30-15 VR <br /> Page 10 of 12 <br /> ATTY/AGR.2015.265IPREMIA DEVELOPERS/BRADFORD PARKING <br />
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