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15. Contingency. It is understood and agreed between the Parties hereto that the <br />completion of this transaction, and the Escrow created hereby, is contingent upon the specific <br />acceptance and approval of this Agreement by the City. The execution of this Agreement by City <br />and the delivery of same to Escrow Agent shall constitute said acceptance and approval. <br />16. Reserved. <br />17. Broker's Commission. Strada and City each warrant and represent that it has not <br />engaged the services of any agent, finder or broker in connection with the transaction which is the <br />subject of this Agreement, and that it is not liable for any real estate commissions, broker's fees or <br />finder's fees which may accrue by reason of the Exchange. Strada and City agree to and do hereby <br />indemnify and hold the other harmless from and against any and all costs (including attorneys' fees <br />and costs), liabilities, losses, damages, claims, causes of action or proceedings which may result <br />from any broker, agent or finder, licensed or otherwise, which it has employed in connection with <br />the transaction covered by this Agreement. <br />18. Waiver, Consent and Remedies. Each provision of this Agreement to be performed <br />by City and Strada shall be deemed both a covenant and a condition and shall be a material <br />consideration for Strada's and City's performance hereunder, as appropriate, and any breach thereof <br />by City or Strada shall be deemed a material default hereunder. Either Party may specifically and <br />expressly waive in writing any portion of this Agreement or any breach thereof, but no such waiver <br />shall constitute a further or continuing waiver of a preceding or succeeding breach of the same or <br />any other provision. A waiving Party may at any time thereafter require further compliance by the <br />other Party with any breach or provision so waived. The consent by one Party to any act by the <br />other for which such consent was required shall not be deemed to imply consent or waiver of the <br />necessity of obtaining such consent for the same or any similar acts in the future. No waiver or <br />consent shall be implied from silence or any failure of a Party to act, except as otherwise specified <br />in this Agreement. Except as otherwise specified herein, either Party hereto may pursue any one <br />or more of its rights, options or remedies hereunder or may seek damages or specific performance <br />in the event of the other Party's breach hereunder, or may pursue any other remedy at law or equity, <br />whether or not stated in this Agreement. <br />19. Notices. All notices or other communications required or permitted hereunder shall <br />be in writing, and shall be personally delivered, sent by facsimile, reputable overnight courier, or <br />sent by registered or certified mail, postage prepaid, return receipt requested, and shall be deemed <br />received upon the earlier of: (i) if personally delivered, the date of delivery to the address of the <br />person to receive such notice; (ii) if mailed, three (3) business days after the date of posting by the <br />United States post office; or (iii) if delivered by Federal Express or other overnight courier for next <br />business day delivery, the next business day. Notice of change of address shall be given by written <br />notice in the manner described in this Section 19. Rejection or other refusal to accept or the inability <br />to deliver because of a change in address of which no notice was given shall be deemed to constitute <br />receipt of the notice, demand, request or communication sent. Unless changed in accordance <br />herewith, the addresses for notices given pursuant to this Agreement shall be as follows: <br />Exhibit F-73 <br />OAK 04843-3885-9090 v1 I <br />AM/AGR/2018.094/STRADA DEVELOPMENT AGREEMENT <br />REV: 07-27-18 VR <br />Page 73 of 94 <br />