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<br />timely compliance is prevented by Acts of God, including natural disasters, and/or unusually <br /> <br />inclement weather, civil emergencies, inability to obtain materials (except for such inability <br /> <br />occasioned by the act, or failure to act, of Owner), change in governmental regulations, or <br /> <br />similar acts which are beyond Owner's reasonable ability to control; however, Owner shall be <br /> <br />obligated to perform or comply within a reasonable time after the event or action which <br /> <br />precluded Owner from timely performance no longer exists. <br /> <br />12. <br /> <br />INDEPENDENT CONTRACTORS. It is mutually understood and agreed that <br /> <br />neither Owner nor any of Owner's agents or contractors are, or shall be, considered to be <br /> <br />agents or employees of the City of Redwood City in connection with the performance of owner's <br /> <br />obligations under this Agreement. <br /> <br />13. <br /> <br />ASSIGNABILITY. <br /> <br />Owner may assign this Agreement subject to City's <br /> <br />approval, which shall not be unreasonably withheld. <br /> <br />14, <br /> <br />PROPERTY INTERESTS. The parties acknowledge that, as of the date hereof, <br /> <br />Owner does not possess property rights or interests in or about the Property sufficient to allow <br /> <br />Owner to construct the Improvements. Therefore, subject to the provisions of this Agreement <br /> <br />and other agreements providing entitlement to Owner, the parties are aware that the City, at <br /> <br />Owner's sole cost and expense, may be required to acquire certain property interests in <br /> <br />furtherance of the public interest and necessity, <br /> <br />Upon determination by City that certain <br /> <br />property interests must be acquired, City shall notify Owner of the property interests that City <br /> <br />proposes to acquire and the estimated costs for the acquisition, Costs of the acquisition shall <br /> <br />include but shall be limited to engineering fees (consultants and in-house engineers), attorneys <br /> <br />fees, experts, consultants, court costs and acquisition payments, relocation payments, <br /> <br />severance damages and other incidental costs. City shall not proceed with the acquisition <br /> -8- <br />SH/RWC/Council <br />Agmt-360 <br />06/05/00 <br />06/09/00R <br />FXS/fs <br />111111111111111111111111111111111111111111111111111 I11I 2000-089117 <br />07/21/2000 08:55A <br />AG Page: 9 of 13 <br />