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<br />improvements by ¡Scribe which do not alter the square footage of the two (2) buildings. <br /> <br />This Agreement does not in any way refer or pertain to other improvements that may be <br /> <br />undertaken at the Premises. <br /> <br />3. <br /> <br />USE OF DEPOSIT. The Deposit shall be used by City only to <br /> <br />underground the Industrial Road Lines within the public right-of-way. Installation of on- <br /> <br />site underground service shall be the responsibility, except as modified herein, of <br /> <br />Owner pursuant to the terms and conditions of the Redwood City Municipal Code. <br /> <br />4. <br /> <br />APPLICATION OF DEPOSIT. City can not guarantee when or if it will <br /> <br />underground the utilities on Industrial Road. In the event that the Industrial Road Lines <br /> <br />are not undergrounded within ten (10) years from the date of this Agreement, City may, <br /> <br />at its sole discretion, apply the Deposit, with interest thereon, to the undergrounding of <br /> <br />utilities in the vicinity of the Premises. <br /> <br />5. <br /> <br />GOVERNING LAW. This Agreement shall be governed by the laws of <br /> <br />the State of California and any suit or action initiated by either party shall be brought in <br /> <br />the County of San Mateo, California. <br /> <br />6. <br /> <br />PARAGRAPH HEADINGS. Paragraph headings as used herein for <br /> <br />convenience only, and shall not be deemed to alter or amend the provisions of the <br /> <br />paragraphs headed thereby. <br /> <br />7. <br /> <br />AUTHORIZATION. This Agreement becomes effective when endorsed <br /> <br />by both parties in the space provided below. <br /> <br />8. <br /> <br />NON ASSIGNEMENT. This Agreement is not assignable either in whole <br /> <br />or in part. <br /> <br />Agmt-387b <br />f/sh/sh/RC/Council <br />FXS:rg <br />09/28/00: 1 0/18/00R <br /> <br />3 <br />