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6.1.F. - Page 87 <br />Exhibit C <br />BIAC: Bair Island Aquatic Center, Inc. <br />1450 Maple Street <br />Redwood City, California 94063 <br />Attn: President <br />City: City of Redwood City <br />1017 Middlefield Road <br />Redwood City, California 94063 <br />Atm: City Attorney <br />Fax: (650) 780-5963 <br />With copies to: City of Redwood City <br />1017 Middlefield Road <br />Redwood City, California 94063 <br />Attn. City Manager <br />20. Aaulicable Law. This Agreement and all rights and remedies of the <br />parties hereto shall be construed and enforced in accordance with the laws of the State of <br />California. <br />21. Relocation. Anything in this Agreement to the contrary notwithstanding, <br />the City shall have the right to relocate BIAC to similar space on the Property or <br />elsewhere. Following such relocation., the License Area, as used in this Agreement, shall <br />mean the new License Area to which BIAC is relocated and Exhibit B shall be revised to <br />reflect the new License Azea. If the City relocates BIAC to a new location, then the <br />terms and conditions of this Agreement shall remain in fwl force and effect, except that if <br />the new License Area to which BIAC is relocated is not the same size as the License <br />Area, then the License Fee payable by BIAC shall be adjusted accordingly based on the <br />actual square footage of the new License Area. <br />22. Recordinq. Neither this Agreement or any notice or memorandum hereof <br />shall be recorded in any public record. A violation of this prohibition by BIAC shall <br />constitute a material breach of this Agreement and terminate the License. <br />23. Waiver of Default: Cumulative Remedies. No waiver of any default by <br />any party to this Agreement shall be implied from any omission by any other party to <br />take any action in respect of such default if such default continues or is repeated. No <br />express waiver of any default shall affect any default or cover any period of time other <br />than the default and period of time specified in such express waiver. One or more <br />waivers of any default in the performance of any term, provision or covenant contained in <br />this Agreement shall not be deemed to be a waiver of any subsequent default in the <br />performance of the same term, provision or covenant or any other term, provision or <br />covenant contained in this Agreement. The consent or approval by any party to or of any <br />act or request by any other party requiring consent or approval shall not be deemed to <br />waive or render unnecessary the consent to or approval of any subsequent similar acts or <br />requests. The rights and remedies given to any party by this Agreement shall be deemed <br />BIAC Uocnse 6.11.09 v2 6 <br />Page 22 of 31 <br />M, <br />