AgdaPkt 2019-09-09 Joint SA PFA - Laserfiche WebLink

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307. Waiver of Terms and Conditions, The City may, in its sole discretion, waive in writing any of the terms and conditions of this Agreement. Waivers of any covenant, term, or condition contained herein shall not be construed as a waiver of any subsequent breach of the same covenant, term, or condition. 308. Non -Liability of City Officials and Employees. No member, official, employee or agent of the City shall be personally liable to the Owner or any occupant of any BMR Unit, or any successor in interest, in the event of any default or breach by the City or failure to enforce any provision hereof, or for any amount which may become due to the Owner or its successors, or on any obligations under the terms of this Agreement. 400. GENERAL PROVISIONS 401. Guidelines. This Agreement incorporates by reference the provisions of Sections 1, 2, 3, 4.1.2, 5.1, 5.2, 5.3, 7.1, 7.2.1, 7.2.3, 7.2.4, 7.2.5, 11.1.1 and 113.2 (applicable to the Low Income Units only), 11. 1.3 through 11.1.8, 13.6, and 13.7 of the Guidelines as of the date of this Agreement and any successor sections as the Guidelines may be amended from time to time and expresses the entire obligations and duties of Owner with respect to the Owner's obligations under the Guidelines. No other requirements or obligations under the Guidelines shall apply to Owner except as expressly provided for in this Agreement. In the event of any conflict or ambiguity between this Agreement, the requirements of state and federal fair housing laws and the Guidelines, the terms and conditions of this Agreement and the requirements of state and federal fair housing laws shall control. 402. Time. Time is of the essence in this Agreement. 403. Notices. Any notice requirement set forth herein shall be deemed to be satisfied three (3) days after mailing of the notice first-class United States certified mail, postage prepaid, or by personal delivery, addressed to the appropriate Party as follows: Owner: Landings Investments, LLC Bayfront Investments, LLC Real Social Good Investments, LLC 621 High Street Palo Alto, CA 94301 Attention: Robert M. Burke With a copy to: Greenheart Land Company P.O. Box 7775 #45700 San Francisco, CA 94120-7775 Arent Fox LLP 55 2nd Street, 21st Floor San Francisco, CA 94105 Attention: Steve Atkinson AFDOCS/13476288.3 1677\05\2006712.5 1/18/2017 PAGE 326