AgdaPkt 2020-03-09 Joint - Laserfiche WebLink

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6.C. - Page 76 of 111 delivered to the other Parties in accordance with this Section. All such notices shall be sent by: (i) personal delivery, in which case notice is effective upon delivery; (ii) certified or registered mail, return receipt requested, in which case notice shall be deemed delivered on receipt if delivery is confirmed by a return receipt; or (iii) nationally recognized overnight courier, with charges prepaid or charged to the sender's account, in which case notice is effective on delivery if delivery is confirmed by the delivery service. CITY: City of Redwood City 1017 Middlefield Road Redwood City, CA 94063 Attention: City Manager DEVELOPER: Premial 180 Main Owner, LLC 801 Hamilton Street Redwood City, CA 94063 Attention: Michael Halow HHDC: HIP Housing Development Corporation 800 S. Claremont #210 San Mateo, CA 94401 Attention: Kate Comfort, Executive Director 5.3 Attorneys' Fees. If any Party fails to perform any of its obligations under this Agreement, or if any dispute arises among the Parties concerning the meaning or interpretation of any provision hereof, then the prevailing Parties in any proceeding in connection with such dispute shall be entitled to the costs and expenses they incur on account thereof and in enforcing or establishing their rights hereunder, including, without limitation, court costs and reasonable attorneys' fees and disbursements, and attorneys' fees attributable to City in-house counsel based upon comparable fees of private attorneys practicing in San Mateo County. 5.4 Waivers; Modification. No waiver of any breach of any covenant or provision of this Agreement shall be deemed a waiver of any other covenant or provision hereof, and no waiver shall be valid unless in writing and executed by the waiving Party. An extension of time for performance of any obligation or act shall not be deemed an extension of the time for performance of any other obligation or act, and no extension shall be valid unless in writing and executed by the Party granting the extension. This Agreement may be amended or modified only by a written instrument executed by the Parties. 5.5 Binding on Successors. This Agreement shall bind and inure to the benefit of the Parties and their respective permitted successors and assigns. Any reference in this Agreement to a specifically named Parry shall be deemed to apply to any permitted successor and assign of such Party who has acquired an interest in compliance with this Agreement or under law. 5.6 Survival. All representations made by the Parties hereunder shall survive the expiration or termination of this Agreement. REV: 02-25-2020 PR ATiYIAGR.2020.0391Premia 1180 Main Owner, LLC (Page 8 of 42) 103