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273 Developer agrees that if legal action is brought by City under this section of the <br />Agreement, Developer shall pay all of the costs of suit, reasonable attorney fees, arbitration costs <br />and such other costs as may be determined by the court or arbitrator. <br />27A No failure on the part of City to exercise any right or remedy hereunder shall <br />operate as a waiver of any other right or remedy that City may have hereunder. <br />275 The rights and remedies of City are cumulative, and the exercise by City of one <br />or more of such rights or remedies shall not preclude the exercise by it, at the same or different <br />times, of any other rights or remedies for the same default or any other default. <br />28. Final Drawings. Upon completion of the Work and prior to final acceptance, Developer <br />shall deliver to City a set of "as -built" drawings consistent with the Conditions. These drawings shall be <br />in a form acceptable to the City Engineer, shall be certified as being "as -built" and shall reflect the Work <br />as actually constructed, with any and all changes incorporated therein. Said drawings shall be signed and <br />sealed as accurate by the engineer of record. <br />29. Monuments. All pipes and monuments shown on the Improvement Plans which are <br />destroyed or displaced during construction operations shall be replaced by Developer at the time of the <br />final inspection of the Improvements, if any. <br />30. Attomeys' Fees. Should any legal action or arbitration be brought by either parry because <br />of breach of this Agreement or to enforce any provision of this Agreement, the prevailing party shall be <br />entitled to all costs of suit, reasonable attorneys' fees, arbitration costs and such other costs as may be <br />determined by the court or arbitrator. <br />31. Notices. Any notices relating to this Agreement shall be given in writing and shall be <br />deemed sufficiently given and served for all purposes when delivered personally or by generally <br />recognized overnight courier service, or five (5) days after deposit in the United States mail, certified or <br />registered, return receipt requested, with postage prepaid, addressed as follows: <br />To the Developer: Kaiser Foundation Hospitals <br />1800 Harrison St., 19s' Floor <br />Oakland, CA 94612 <br />Attn: Real Estate <br />With a copy to: Kaiser Foundation Hospitals <br />620 Galveston Drive <br />Redwood City, CA 94063-4721 <br />Attn: NFS-Capital Projects Group -Redwood City Service Area <br />To the City: City of Redwood City <br />1017 Middlefield Road <br />Redwood City, California 94063 <br />Attn: City Manager <br />With a copy to: City of Redwood City <br />1017 Middlefield Road <br />Redwood City, California 94063 <br />Attn: City Attorney <br />REV: 08-29-18 PR <br />Page 13 of 24 <br />ATTY/AGR.2018.202/Kaiser MOB2 - IA <br />