RecDoc 2020-075315 Improvement Agreement_910 Woodside (Valera Fooksman)_7.31.2020

Browse Search

27. Attorneys' Fees. Should any legal action be brought by either party because of breach of this Agreement or to enforce any provision of this Agreement, the prevailing party will be entitled to all costs of suit, reasonable attorneys' fees and such other costs as may be determined by the court. 28. Notices. Any notices relating to this Agreement will be given in writing and will be deemed sufficiently given and served for all purposes when delivered personally or by generally recognized overnight courier service, or five (5) days after deposit in the United States mail, certified or registered, return receipt requested, with postage prepaid, addressed as follows: To Developer: Valera Fooksman 930 Far Creek Way Redwood City, CA 94062 To City: City of Redwood City 1017 Middlefield Road Redwood City, California 94063 Attn: City Manager With a copy to: City of Redwood City 1017 Middlefield Road Redwood City, California 94063 Attn: City Attorney 29. Assignment by Developer. Developer may assign its obligations under this Agreement only with City's prior written approval. In connection with any such assignment, Developer and its assignee will execute and deliver to City a written assignment and assumption agreement in a form reasonably acceptable to the City Attorney. 30. Binding Upon Heirs, Successors and Assigns. The terms, covenants and conditions of this Agreement will be binding upon all heirs, successors and assigns of the Parties hereto. 31. Interpretation. The word "including" will be construed as if followed by the words "without limitation." All recitals to this Agreement are incorporated by reference as though fully restated herein. All exhibits and attachments to this Agreement are incorporated by reference as though fully restated herein. This Agreement will be interpreted as though prepared jointly by both Parties. Section headings in this Agreement are for convenience only and are not intended to be used in interpreting or construing the terms, covenants or conditions contained in this Agreement. 32. Severability_. If any provision of this Agreement is held, to any extent, invalid, the remainder of this Agreement will not be affected, except as necessarily required by the invalid provision, and will remain in full force and effect. REV: 01-24-20 PR ATTY/AGR.2020 014/Valera Fooksman (Page 13 of 22)