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<br />within a reasonable time after the event or action which precluded Owner from timely <br /> <br />performance no longer exists. <br /> <br />17. Indecendent Contractor. It is mutually understood and agreed that neither <br /> <br />Owner nor any of Owner's agents or contractors are, or shall be, considered to be <br /> <br />agents or employees of the City of Redwood City in connection with the performance of <br /> <br />Owner's obligations under this Agreement. <br /> <br />18. Assianabilitv. This Agreement shall inure to and be binding on the <br /> <br />successors, assigns, and heirs of the parties hereto. Owner may assign this <br /> <br />Agreement subject to City's approval, which shall not be unreasonably withheld. The <br /> <br />revocable encroachment permit and the privileges granted to Permittee hereunder shall <br /> <br />not be assigned by Permittee without the prior permission of City. Evidenced by motion <br /> <br />of City's City Council, duly made and carried; provided, that no such assignment shall <br /> <br />be made which would allow or permit a use of the City Right-of-Way different than <br /> <br />Permittee's use thereof or for a private for-profit use. <br /> <br />(continued on next page) <br /> <br />ATTY/AGR.2008.066 <br />080508 <br /> <br />11 <br />