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<br />Buyer: <br /> <br />City of Redwood City <br />1017 Middlefield Road <br />Redwood City, California 94063 <br />Attn: City Attorney <br />Fax: (650) 780-5963 <br /> <br />With copies to: <br /> <br />City of Redwood City <br />1017 Middlefield Road <br />Redwood City, California 94063 <br />Attn: City Manager <br />Fax: (650) 780-5963 <br /> <br />And: <br /> <br />Heffernan & Seubert, LLP <br />1075 Curtis Street <br />Menlo Park, California 94025 <br />Attn: Daniel K. Seubert <br />Fax: (650) 322-2976 <br /> <br />20. Covenant Not to Record. Neither Buyer nor Seller will record this Agreement. <br /> <br />21. Binding Effect. Seller and Buyer intend to be legally bound by this Agreement. <br />All of its terms and conditions will extend to and be binding upon the parties to this Agreement <br />and upon their respective heirs, executors, administrators, personal representatives, successors <br />and assigns; provided, however, that Buyer shall have no right to assign this Agreement prior to <br />Closing without the prior written consent of Seller. Notwithstanding the foregoing, Buyer may <br />assign all or any of its right, title and interest under this Agreement to any affiliate of Buyer (a <br />"Buyer Affiliate"), and any joint venture, limited liability company or partnership in which <br />Buyer or any Buyer Affiliate has a direct or indirect interest. In the event of an assignment of <br />this Agreement by Buyer, its assignee shall be deemed to be the Buyer hereunder for all purposes <br />hereof, but the assignor shall not be released from liability hereunder. <br /> <br />22. Interpretation. This Agreement constitutes the entire contract between the parties <br />and there are no other understandings, oral or written, relating to the sale and purchase of the <br />Property. This Agreement may not be changed, modified or amended, in whole or in part, except <br />in writing, signed by all parties. Wherever used in this Agreement, the singular will include the <br />plural, the plural the singular, and the use of any gender will be applicable to all genders. <br />Paragraph headings and italicized clauses are inserted for convenience only and will not form <br />part of the text of this Agreement. As used herein, the term "business days" means calendar <br />days other than Saturday, Sunday or holidays on which the Escrow Holder or Buyer is closed for <br />business. This Agreement shall be interpreted and governed by the laws of California. <br /> <br />23. Attorneys' Fees. Should either party hereto institute any action or proceeding to <br /> <br />Redwood PSA FINAL EXECUTION 4.16.09 v.14 <br /> <br />10 <br />