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A which has filed a written request for such notice with the City and recorded such request in the records of the County of San Mateo. Section 13. Miscellaneous Provisions. a. Amendment - This Agreement may be amended only by a writing executed by the owners of both Parcel A and Parcel B, and only after approval thereof by the legislative bodies of the City and the Agency if either of them holds an interest in either Parcel. b. Waiver - No failure of a party to insist upon.the strict performance of any obligation created hereunder or to exercise any right, power or remedy available upon a breach hereof, shall constitute a waiver of any such breach of such term, covenant or condition, and all waivers shall be in writing and signed by the person or entities against whom such waiver is sought to be enforced. No waiver of any term, covenant or condition for the benefit of the Developer's easements shall be valid unless waived by the Developer or its successor. No waiver of any term, covenant or condition for the benefit of the City's easements shall be valid unless waived by the City or its successor. No waiver of any breach shall affect or alter this Agreement, and each term, covenant or condition hereof shall remain in full force and effect with respect to any other then existing or subsequent breach thereof. The consent of any party given in any instance under the terms of this Agreement shall not relieve the other party of any obligation to secure any consent in any other or future instance under the terms of this Agreement. c. Notices - Any notice, payment, demand or communication required or permitted to be given by any provision of this Agreement will be deemed to have been given when delivered personally to the party designated to receive such notice, or on the date following the day the notice is sent by overnight courier, or on the third business day after the notice is sent by certified mail, postage and charges prepaid, directed to the following addresses or to such other and additional addresses as any party might designate by written notice to the other party. To City: City of Redwood City 1017 Middlefield Road Redwood City, CA 94063 Attn: City Manager To Agency: Redwood City Redevelopment Agency 1017 Middlefield Road Redwood City, CA 94063 Attn: Redevelopment Manager REDW\0002\007 -9PREF .DOC 6\25\04 1130 law 13