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REV: 03-29-2022 VR <br />4. Miscellaneous. This Amendment may be executed in counterparts, each <br />of which shall, irrespective of the date of its execution and delivery, be deemed an <br />original, and the counterparts together shall constitute one and the same instrument. <br />This Amendment shall be deemed to be jointly prepared the parties and any ambiguities <br />or uncertainties herein shall be construed neither for nor against either of the parties. <br />The words “including” and “included,” shall be interpreted as though followed by the <br />words “without limitation.” The invalidity of any provision of this Amendment as <br />determined by a court of competent jurisdiction shall in no way affect the validity of any <br />other provision hereof. The individual executing this Amendment on behalf of Licensee <br />has full power and authority to execute and deliver the Amendment on behalf of <br />Licensee. <br />5. Electronic Signatures. If both Licensee and City agree, electronic <br />signatures may be used in place of original signatures on this Amendment. Licensee <br />and City intend to be bound by the signatures on the electronic document, is aware that <br />the other party will rely on the electronic signatures, and hereby waives any defenses to <br />the enforcement of the terms of this Amendment based on the use of an electronic <br />signature. After Licensee and City agree to the use of electronic signatures, Licensee <br />and City must each sign the document electronically. <br />IN WITNESS WHEREOF, the Parties have executed this Amendment as of the <br />date first set forth above. <br />“Licensee”: <br />REDWOOD CITY KIWANIS <br />FOUNDATION, a non-profit corporation <br />By: <br />Name: <br />Title: <br />“City”: <br />CITY OF REDWOOD CITY, <br />a California Charter City and municipal <br />corporation <br />By: <br /> Melissa Stevenson Diaz, City Manager <br />ATTEST: <br />Pamela Aguilar, City Clerk <br />ATTY/AGR.2022-Amend No. 1/Kiwanis Club (Page 2 of 2) <br />Tim McHenry (Apr 1, 2022 14:47 PDT) <br />Tim McHenry <br />President