AgdaPkt 2020-10-12 Joint SA PFA - Laserfiche WebLink

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6.N. - Page 15 of 19 6.8 Each Party's Role in Drafting the Agreement. Each Party to this Agreement has had an opportunity to review the Agreement, confer with legal counsel regarding the meaning of the Agreement, and negotiate revisions to the Agreement. Accordingly, neither Party shall rely upon Civil Code Section 1654 in order to interpret any uncertainty in the meaning of the Agreement. 6.9 Recording and Filing. The City and Owner shall cause this Agreement, and all amendments and supplements to it, to be recorded in the Official Records of the County of San Mateo. 6.10 Governing Law and Venue. This Agreement shall be governed by the laws of the State of California. Venue shall be the County of San Mateo. 6.11 Title of Parts and Sections. Any titles of the sections or subsections of this Agreement are inserted for convenience of reference only and shall be disregarded in interpreting any part of the Agreement's provisions. 6.12 Attorneys' Fees and Costs. In any action brought to enforce this Agreement, the prevailing party shall be entitled to all costs and expenses of suit, including reasonable attorneys' fees. This section shall be interpreted in accordance with California Civil Code Section 1717 and judicial decisions interpreting that statute. 6.13 Waiver of Requirements. No waiver of the requirements of this Agreement shall occur unless expressly waived by the City in writing. No waiver will be implied from any delay or failure by the City to take action on any breach or Default of Owner or to pursue any remedy permitted under- this Agreement or applicable law. Any extension of time granted to Owner to perforin any obligation under this Agreement shall not operate as a waiver or release from any of its obligations under this Agreement. Consent by the City to any act or omission by Owner shall not be construed to be consent to any other or subsequent act or omission or to waive the requirement for the City's written consent to future waivers. 6.14 Amendments. This Agreement may be amended only by a written instrument executed by all the Parties or their successors in title, and duly recorded in the real property records of the County of San Mateo. REV: 09-29-2020 VR ATTY/AGR.2020.215/Stanford - Cardinal Apartments (Page 12 of 16) 131