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4. Recovery from Third Parties. The Agency will seek to recover, for its <br /> <br />own account, the amount of its reimbursement to IAC from Shea or any other <br />developer that may be selected by the Agency to develop the remainder of the Franklin <br />Street Project. In addition, the Agency will use good faith efforts to attempt to obtain <br />reimbursement for IAC of costs incurred by IAC (and not reimbursed to IAC by the <br />Agency) for the benefit of, and appropriately chargeable to, Shea or such other <br />developer of the remainder of the Franklin Street Project Site (e.g., improving all of <br />Monroe Street instead of only 1/2 of the street, upsizing utilities to accommodate future <br />development of the remainder of the Franklin Project Site and the portion of the cost of <br />the Improvements appropriately chargeable to Shea or such other developer. ) <br /> <br /> 5. Miscellaneous. <br /> <br /> (a) This Agreement may be amended in writing by the mutual agreement of the <br />original parties or their successors in interest. <br /> <br /> (b) This Agreement shall be construed and enforced in accordance with the <br />laws of the State of California. <br /> <br /> (c) This Agreement constitutes the entire understanding and agreement of the <br />parties and supersedes all prior understandings, negotiations or agreements between the <br />parties with respect to all or any part of the subject matter hereof. <br /> <br /> (d) This Agreement has been reviewed by legal counsel for the parties, and no <br />presumption or role that ambiguities shall be construed against the drafting party shall <br />apply to the interpretation or enforcement of this Agreement. <br /> <br /> -5- <br /> Form dated: 6/19/00 <br />C:\TEMP\IAC Reimbursement v.4 Cica copy.doc <br /> <br /> <br />