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6.C. - Page 17 of 57 <br />35. Severability. If any provision of this Agreement is held, to any extent, invalid, the <br />remainder of this Agreement shall not be affected, except as necessarily required by the invalid provision, <br />and shall remain in full force and effect. <br />36. Entire Agee€€rtent. The terms and conditions of this Agreement constitute the entire <br />agreement between City and Developer with respect to the matters addressed in this Agreement. This <br />Agreement may not be altered, amended or modified without the written consent of all parties hereto. <br />37. Governing Law; Venue, This Agreement shall be construed and enforced in accordance <br />with the laws of the State of California, without reference to choice of law provisions. Any legal actions <br />under this Agreement shall be brought only in the Superior Court of the County of San Mateo, State of <br />California. <br />38, Authority. Each party executing this Agreement on behalf of a party represents and <br />warrants that such person is duly and validly authorized to do so on behalf of the entity it purports to bind <br />and if such party is a partnership, corporation or trustee, that such partnership, corporation or trustee has <br />full right and authority to enter into this Agreement and perform all of its obligations hereunder. <br />39. Time is of the Essence. Time is of the essence of this Agreement and of each and every <br />term and condition hereof. <br />40. Runs with the Land, Recordation. This Agreement pertains to and shall run with the <br />Property. Upon execution, this Agreement shall be recorded in the Official Records of San Mateo <br />County. Upon completion of performance and satisfaction by Developer of its obligations under this <br />Agreement, including warranty obligations, a written statement shall be recorded by City in the Oficial <br />Records of San Mateo County terminating this Agreement and releasing all of the Property. The recorded <br />written statement does not release the parties from obligations that survive termination of the Agreement, <br />including indemnification. <br />[Signature Page Folloivs] <br />ATTYIAGR12015.1071GREYSTAR - 103 WILSON - IA WITH T1F CREDIT <br />REV: 05-28-15 VR <br />Page 14 of 27 <br />43 <br />