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contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify <br />and disclose accordingly: <br />(d) This certification is a material representation of fact upon which reliance was placed <br />when this Agreement was made or entered into. Submission of this certification is a prerequisite <br />for making or entering into this Agreement imposed by Section 1352, Title 31, U.S.C. Any <br />person who fails to file the required certification shall be subject to a civil penalty of not less than <br />Ten Thousand Dollars ($10,000) and no more than One Hundred Thousand Dollars ($100,000) <br />for such failure. <br />12. Miscellaneous. <br />12.1 Amendments. This Agreement may be amended or modified only by a written <br />instrument signed by both Parties and recorded in the Official Records. <br />12.2 No Waiver. Any waiver by City of any term or provision of this Agreement must <br />be in writing. No waiver shall be implied from any delay or failure by City to take action on any <br />breach or default hereunder or to pursue any remedy allowed under this Agreement or applicable <br />law. No failure or delay by City at any time to require strict performance by Owner of any <br />provision of this Agreement or to exercise any election contained herein or any right, power or <br />remedy hereunder shall be construed as a waiver of any other provision or any succeeding breach <br />of the same or any other provision hereof or a relinquishment for the future of such election. <br />12.3 Notices. Except as otherwise specified herein, all notices to be sent pursuant to <br />this Agreement shall be made in writing, and sent to the Parties at their respective addresses <br />specified below or to such other address as a Party may designate by written notice delivered to <br />the other parties in accordance with this Section. All such notices shall be sent by: (i) personal <br />delivery, in which case notice is effective upon delivery; (ii) certified or registered mail, return <br />receipt requested, in which case notice shall be deemed delivered upon receipt if delivery is <br />confirmed by a return receipt; or (iii) nationally recognized overnight courier, with charges <br />prepaid or charged to the sender's account, in which case notice is effective on delivery if <br />delivery is confirmed by the delivery service. <br />CITY: City of Redwood City <br />1017 Middlefield Road <br />Redwood City, CA 94063 <br />Attention: City Manager <br />With a copy to: Burke, Williams & Sorensen, LLP <br />1901 Harrison Street, 91h floor <br />Oakland, CA 94612 <br />Attention: Susan E. Bloch, Esq. <br />26 <br />OAK #4820-8711-2085 v4 <br />ATTY/AGR.2019.148/Redwood Oaks Associates 11 LP - Regulatory Agreement <br />