Agmt18 Boardwalk Auto and Towne Ford

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CITY's Address: City of Redwood City 1017 Middlefield Road Redwood City, CA 94063 Attention: City Manager 20. Applicable Law and Venue. This Agreement and all rights and remedies of the parties hereto shall be construed and enforced in accordance with the laws of the State of California. In the event that suit shall be brought by either party to this Agreement, the parties agree that venue shall be exclusively vested in the State courts of the County of San Mateo. 21. Joint and Several Liability. Boardwalk Auto and Towne Ford understand and agree that notwithstanding anything to the contrary, all obligations and liabilities under this Agreement shall be joint and several. 22. Waiver of Default: Cumulative Remedies. No waiver of any default by any party to this Agreement shall be implied from any omission by any other party to take any action in respect of such default if such default continues or is repeated. No express waiver of any default shall affect any default or cover any period of time other than the default and period of time specified in such express waiver. One or more waivers of any default in the performance of any term, provision or covenant contained in this Agreement shall not be deemed to be a waiver of any subsequent default in the performance of the same term, provision or covenant or any other term, provision or covenant contained in this Agreement. The consent or approval by any party to or of any act or request by any other party requiring consent or approval shall not be deemed to waive or render unnecessary the consent to or approval of any subsequent similar acts or requests. The rights and remedies given to any party by this Agreement shall be deemed to be cumulative and no such rights and remedies shall be exclusive of any of the others, or of any other right or remedy at law or in equity which any such party might otherwise have by virtue of a default under this Agreement, and the exercise of one such right or remedy by any such party shall not impair such party's standing to exercise any other right or remedy. 23. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, and when taken together they shall constitute one and the same Agreement. Signatures may be made by telecopy or PDF provided the original is promptly mailed to the other party. 24. Recitals. The recitals above are incorporated by reference as though fully set forth in the Agreement. 25. Relocation Waiver. LICENSEE fully releases and discharges CITY from all and any manner of rights, demands, liabilities, obligations, claims, or causes of action, in law or equity, of whatever kind or nature, whether known or unknown, whether now existing or hereinafter arising, which arise from or relate in any manner to the sale of the City Property, the full or partial termination of LICENSEE's right to use the License Area as permitted under this License Agreement, or the relocation of LICENSEE's business operations or the relocation of any person or persons, business or businesses, or other occupant or occupants located on the License Area, including, without limitation, the specific waiver and release of any right to any relocation benefits, assistance and/or payments under Government Code Sections 7260 et seq. (`Relocation Assistance Law"), notwithstanding that such relocation assistance, benefits and/or payments may be otherwise required under the Relocation Assistance Law or other state or federal law, and compensation for any interest in LICENSEE's business operations or the License Area including, but not limited to, improvements; license or leasehold bonus value; REV: 12-12-18 VR Page 10 of 13 ATTY/AGR.2018.280/BOARDWALK AUTO AND TOWNE FORD