AgdaPkt 2020-10-26 Joint SA PFA - Laserfiche WebLink

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7.A. - Page 140 of 176 Permit No. Permittee: TO PERMITTEE: Redwood City, CA 94063 Attn: City Attorney Telephone: (650) 780-7200 Attn: Telephone: 26. This Permit, together with the Special Provisions and Exhibits A and B attached hereto and incorporated herein by reference, constitutes the entire understanding of the Parties with respect to the subject matter hereof, and supersedes all prior written or oral agreements, understandings, representations or statement with respect thereto. This Permit may be amended only by a written instrument executed by the Parties hereto. 27. If any term, provision, or condition of this Permit is held by a court of competent jurisdiction to be invalid or unenforceable, the remainder of this Permit shall continue in full force and effect unless the rights and obligations of the Parties have been materially altered or abridged thereby. 28. A waiver by either Party of the performance of any covenant or condition herein shall not invalidate this Permit nor shall the delay or forbearance by either party in exercising any remedy or right be considered a waiver of, or an estoppel against, the later exercise of such remedy or right. No waiver of any breach of any covenant or provision of this Permit shall be deemed a waiver of any subsequent breach of the same or any other covenant or provision hereof. No waiver shall be valid unless in writing and executed by the waiving Party. 29. The section headings used herein are solely for convenience and shall not be used to interpret this Permit. The provisions of this Permit shall be construed as a whole according to their common meaning, and not strictly for or against any party, in order to achieve the objectives and purposes of the Parties. 30. In any action at law or in equity, arbitration or other proceeding arising in connection with this Permit, the prevailing party shall recover reasonable attorneys fees and other costs, including but not limited to court costs and expert and consultants' fees incurred in connection with such action, in addition to any other relief awarded. 31. This Permit, and the rights and obligations of the Parties, shall be governed by and interpreted in accordance with the laws of the State of California without regard to principles of conflicts of law. Any action to enforce or interpret this Permit shall be filed in the Superior Court of San Mateo County, California or in the Federal District Court for the Northern District of California. 32. The rights granted hereby are personal to Permittee and may not be transferred or assigned by operation of law or otherwise without the written consent of City. Nothing in this Permit is intended to or shall confer upon any person other than the Parties any rights or remedies hereunder. 33. Time is of the essence for each condition, term, obligation and provision set forth in this Permit. 34. Permittee acknowledges that this Permit may create a possessory interest subject to property taxation, and that Permittee may be subject to the payment of property taxes on such interest. 35. Permittee shall comply with applicable City noise ordinances, including Chapter 24, Article II, Division 3 "Construction" of the Redwood City Municipal Code. 36. In addition to this permit and those noted in the provision above, permittee shall obtain the following permits: 8of9 OAK #4819-4834-1908 v19 Exhibit D 322