Laserfiche WebLink
5.A. - Page 272 of 302 <br />and to enforce by any appropriate legal remedy a strict compliance with all of the covenants and <br />conditions of this Agreement. <br />25. Severability. Should any provision or portion of this Agreement be declared invalid <br />or in conflict with any applicable law, the validity of all other provisions and portions hereof shall <br />remain unaffected and in full force and effect. <br />26. Attorneys' Fees. In the event of any action or proceeding at law or in equity <br />between the Parties to enforce any provision of this Agreement or to protect or establish any right <br />or remedy of either party hereunder, the unsuccessful Party to such litigation shall pay to the <br />prevailing Party all costs and expenses, including reasonable attorneys' fees incurred therein by <br />such prevailing party, and if such prevailing party shall recover judgment in any such action or <br />proceeding, such costs, expenses and attorneys' fees shall be included in and as a part of such <br />judgment. <br />27. Indemnity. In addition to the Owner's obligations under the Purchase Agreement, <br />the Owner shall indemnify, defend and hold the City, its council members, officers, <br />representatives, agents, assigns and employees, harmless against any and all claims, suits, actions, <br />losses and liability of every kind, nature and description made against it and expenses (including <br />reasonable attorneys' fees) which arise out of or in connection with this Agreement, including, but <br />not limited to the violation of the representation and warranties set forth above, except to the extent <br />such claim arises from the grossly negligent or willful misconduct of the City. The provisions of <br />this Section shall survive expiration of the Term or other termination of this Agreement, and shall <br />remain in full force and effect. <br />28. Exhibits. The following exhibit is attached to and incorporated into the Agreement: <br />Exhibit "A" Legal Description of the Property <br />29. Multiple Originals, Counterparts. This Agreement may be executed in multiple <br />originals, each of which shall be deemed to be an original, and may be executed in counterparts. <br />Remainder of Page Left Intentionally Blank <br />ATTY/AGR/2020.257/REDWOOD CITY GREYSTAR PURCHASE & SALE AGREEMENT 1306 MAIN ST <br />REV: 11-05-2020 VR <br />1199\1 1\2925009.5 <br />28 <br />275 <br />