AgdaPkt 2021.02.08 Joint SA PFA - Laserfiche WebLink

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6.B. - Page 75 of 113 Any such Notice transmitted in accordance with this Section shall be deemed delivered upon receipt, or upon the date delivery was refused Any party may change its address for notices by written Notice given to the other party in accordance with the provisions of this Section 10.6 Remedies Cumulative. Subject to applicable law, Habitat's and City's rights and remedies, whether provided by law, in equity or by this Agreement, shall be cumulative, and the exercise of any one or more of such rights or remedies shall not preclude the exercise of any other or further rights or remedies for the same or any other default or breach No waiver with respect to the performance of any of Owner's obligations shall be effective except to the extent the particular obligation is expressly waived in writing, nor shall it be a waiver with respect to any other rights or remedies of any other of Owner's obligations 10.6 Attorneys' Fees for Enforcement. If any action or legal proceeding is instituted by Owner or Habitat arising out of this Agreement, the prevailing party therein shall recover reasonable attorneys' fees and costs in connection with such action or proceeding from the non - prevailing party. For purposes of this Agreement, reasonable fees of any in-house counsel for Habitat or City shall be based on the fees regularly charged by private attorneys with an equivalent number of years of professional experience in the subject matter area of the law for which Habitat's or City's counsel's services were rendered who practice in law firms located within San Francisco County or San Mateo County, as applicable 10.7 Severability. In the event that any provision of this Agreement is determined to be illegal or unenforceable, such determination shall not affect the validity or enforceability of the remaining provisions hereof, all of which shall remain in full force and effect. 10.8 Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the successors and assigns of Habitat and City Habitat and City may assign or transfer its respective rights under this Agreement upon thirty (30) days written notice to Owner. It is expressly agreed by Owner that Owner may assign Owner's interests under this Agreement only by Transfer pursuant to Section 5 or by Habitat's or City's exercise of the Option pursuant to Section 6 10.9 Time for Performance. Time is of the essence in the performance of the terms of this Agreement. All dates for performance (or cure) shall expire at 5 00 p m on the performance or cure date Any performance date which falls on a Saturday, Sunday or Habitat holiday is automatically extended to the next Habitat working day 10.10 Recordation. Owner shall cause this Agreement to be recorded in the Official Records of the San Mateo County Recorder. 10.11 Control. In the event of any inconsistency between the terms of this Agreement and the Grant Deed, the terms of the Grant Deed shall control; provided however, the provisions of this Agreement shall prevail with respect to City's rights and remedies under this Agreement. [Signatures appear on the following page.] REV: 01-22-21 PR 1619\01\2521032. 1 10/9/2020 OAK #4834-0642-2484 Q ATTY/AGR.2020.305/Habitat for Humanity Greater San Francisco (Grant Agreement w/ Exhibits) (Page 71 of 109)