RecDoc 2016-064205 - Laserfiche WebLink

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4.9 Notices. All notices or other communications required or permitted hereunder shall be in writing , and shall be personally delivered , sent by fax, reputable overnight courier, or sent by registered or certified mail, postage prepaid, return receipt requested , and shall be deemed received upon the earlier of: (i) if personally delivered , the date of delivery to the address of the person to receive such notice; (ii) if mailed, three (3) business days after the date of posting by the United States post office; or (iii) if delivered by Federal Express or other overnight courier for next business day delivery, the next business day; or (iv) if sent by facsimile, with the original sent on the same day by overnight courier, the date on which the facsimile is received, provided it is before 5:00 P .M . Pacific Time. Notice of change of address shall be given by written notice in the manner described in this Section . Rejection or other refusal to accept or the inability to deliver because of a change in address of which no notice was given shall be deemed to constitute receipt of the notice, demand , request or communication sent. Unless changed in accordance herewith , the addresses for notices given pursuant to this Agreement shall be as follows: To Developer: Fuller Street Partners, LLC 125 Willow Road Menlo Park, CA 94025 Attention: Mark C. Johnson If to the City: City of Redwood City 1017 Middlefield Road Redwood City, California 94063 Attention : City Manager With a copy to: City Attorney City of Redwood City 1017 Middlefield Road Redwood City, California 94063 4. 10 Governing Law. This Agreement shall be governed by the laws of the State of California . Any legal action brought under this Agreement must be instituted in the County of San Mateo. 4. 11 Legal Advice. Developer represents and warrants the following : Developer has carefully read this Agreement, and in signing this Agreement and/or agreeing to be bound by the same, Developer does so with full knowledge of any rights which Developer may have; Developer has received independent legal advice from legal counsel as to the matters set forth in this Agreement, or has knowingly chosen not to consult legal counsel as to the matters set forth in this Agreement; and , Developer has freely signed this Agreement and/or agreed to be bound by it without any reliance upon any agreement, promise, statement or representation by or on behalf of the City, or its respective agents, employees, or attorneys, except as specifically set forth in this Agreement, and without duress or coercion, whether economic or otherwise. This Agreement shall be interpreted as though prepared jointly by both Developer and the City. REV: 04-20-16 VR Page 8 of 29 ATTY/AGR.2016.081 /Fuller Street Partners. LLC Affordable Housing Agreement