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<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 />ofthis Agreement and no amendment, modification or waiver ofthe terms and <br />provisions ofthis 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 ofthe Parties under this <br />Agreement shall be specifically enforceable, as any breach or non-performance <br />thereof would cause immediate, irreparable harm to the other Party and the tenants <br />and occupants ofthe Project for which money damages alone would not be an <br />adequate remedy. <br /> <br />C. Conflict Resolution. <br /> <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 /> <br />D. Notices. <br /> <br />Any notice, payment or instrument required or permitted 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 ofthe same in the United States mail, registered or certified, postage <br />prepaid, addressed as follows: <br /> <br />CITY: <br /> <br />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 /> <br />With a copy to: <br /> <br />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 /> <br />Atty/Agr/Agr.194 <br />062404 <br /> <br />14 <br />