Laserfiche WebLink
6.B. - Page 54 of 113 <br />16. Miscellaneous. <br />16.1 Amendments. This Agreement shall not be amended, modified or <br />terminated except by a written instrument executed by City and Developer or its successors <br />in interest, and recorded in the Official Records. <br />16.2 Notices. Except as otherwise specified in this Agreement, all notices to be <br />sent pursuant to this Agreement shall be made in writing, and sent to the Parties at their <br />respective addresses specified below or to such other address as a Parry may designate by <br />written notice delivered to the other Parties in accordance with this Section. All such <br />notices shall be sent by: (i) personal dclivcry, in which case notice is effective upon delivery; <br />(ii) certified or registered mail, return receipt requested, in which case notice shall be deemed <br />delivered on receipt if delivery is confirmed by a return receipt; or (iii) nationally recognized <br />overnight courier, with charges prepaid or charged to the sender's account, in which case notice <br />is effective on dclivcry if dclivcry is confirmed by the dclivcry service. <br />CITY: City of Redwood <br />City 1017 <br />Middlefield Road <br />Redwood City, CA <br />94063 Attention: <br />City Manager <br />With a copy to: City of Redwood City <br />1017 Middlefield <br />Road Redwood City, <br />CA 94063 Attention: <br />City Attorney <br />DEVELOPER: Habitat for Humanity Greater San Francisco, Inc. <br />500 Washington Street, Suite <br />250 San Francisco, CA 94111 <br />Attention: Maureen Sedonaen <br />16.3 Attorneys' Fees. If either Party fails to perform any of its obligations under <br />this Agreement, or if any dispute arises between the Parties concerning the meaning or <br />interpretation of any provision hereof, then the prevailing Parry in any proceeding in <br />connection with such dispute shall be entitled to the costs and expenses it incurs on account <br />thereof and in enforcing or establishing its rights hereunder, including, without limitation, <br />court costs and reasonable attorneys' fees and disbursements, and attorneys' fees <br />attributable to City in-house counsel based upon comparable fees of private attorneys <br />practicing in San Mateo County. <br />16.4 No Implied Waiver. No waiver of any breach of any covenant or provision <br />of this Agreement shall be deemed a waiver of any other covenant or provision hereof, <br />I0MMiM14014i■9:t <br />1619\01\2924770.1 <br />10/9/2020 <br />OAK #4847-7408-069700 <br />ATTY/AGR.2020.305/Habitat for Humanity Greater San Francisco (Grant Agreement w/ Exhibits) (Page 50 of 109) <br />67 <br />