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this Agreement. As used in this Agreement, masculine, feminine or neuter gender and the singular or plural number shall each be deemed to include the others where and when the context so dictates. The word "including" shall be construed as if followed by the words "without limitation." This Agreement shall be interpreted as though prepared jointly by both parties. 4. 10. Waiver. No waiver of any default or breach hereunder shall be implied from any omission to take action on account thereof, notwithstanding any custom and practice or course of dealing. No waiver by either party of any provision under this Agreement shall be effective unless in writing and signed by such party. No waiver shall affect any default other than the default specified in the waiver and then such waiver shall be operative only for the time and to the extent therein stated. Waivers of any covenant shall not be construed as a waiver of any subsequent breach of the same. 4. 11 . Notices. All notices to be given hereunder shall be in writing and mailed postage prepaid by certified or registered mail, return receipt requested, or delivered by personal or courier delivery, or sent by facsimile (immediately followed by one of the preceding methods), to the address below, or to such other place as Fox, GFV, or City may designate in a written notice given to the other party. Notices shall be deemed served upon the earlier of receipt or three (3) days after the date of mailing. FOX: Eric Lochtefeld, Managing Member 2221 Broadway Street, Redwood City, CA 94063 GFV: Eric Lochtefeld 2221 Broadway Street, Redwood City, CA 94063 CITY: City of Redwood City Manager 1017 Middlefield Road Redwood City, CA 94063 4. 12. Jurisdiction and Venue. Any action at law or in equity brought by either of the Parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in the Superior Court of the State of California in and for the in the County of San Mateo, in any other appropriate court within the County of San Mateo, or in the United States District Court with jurisdiction in the County of San Mateo. Notwithstanding the foregoing, in no event shall either party be liable for the consequential damages or lost profit of the other. 4. 13. Brokerage Commission. Each party hereby represents and warrants that it has not obtained the services of a broker in connection with this Agreement. 4. 14. Authorization. Each individual or entity executing this Agreement on behalf of any party represents and warrants that he or she or it is duly authorized to execute and deliver this Agreement on behalf of such party and that such execution is binding upon such party. Page 3 of 17 ATTY/AGR/2016.287/FOX THEATER AGREEMENT REV: 0-29-16 JS