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16.8. Agency, Partnership or Joint Venture. Nothing contained herein nor any acts of the Parties hereto shall be deemed or construed by the Parties hereto, nor by any third party, as creating the relationship of principal and agent or of partnership or of joint venture by the Parties hereto. 16.9. Interpretation. The titles to the sections of this Agreement are not a part of this Agreement and shall have no effect upon the construction or interpretation of any part of this Agreement. As used in this Agreement, masculine, feminine or neuter gender and the singular or plural number shall each be deemed to include the others where and when the context so dictates. The word "including" shall be construed as if followed by the words "without limitation." This Agreement shall be interpreted as though prepared jointly by both Parties. 16.10. Waiver. No waiver of any default or breach hereunder shall be implied from any omission to take action on account thereof, notwithstanding any custom and practice or course of dealing. No waiver by either party of any provision under this Agreement shall be effective unless in writing and signed by such party. No waiver shall affect any default other than the default specified in the waiver and then such waiver shall be operative only for the time and to the extent therein stated. Waivers of any covenant shall not be construed as a waiver of any subsequent breach of the same. 16.11. Notices. All notices to be given hereunder shall be in writing and mailed postage prepaid by certified or registered mail, return receipt requested, or delivered by personal or courier delivery, or sent by facsimile (immediately followed by one of the preceding methods), to the address below, or to such other place as Landlord or City may designate in a written notice given to the other party. Notices shall be deemed served upon the earlier of receipt or three (3) days after the date of mailing. LANDLORD: 2215 Broadway RWC, LLC 2600 El Camino Real, Suite 410 Palo Alto, CA 94306 Attn: Peter Pau CITY: City of Redwood City Manager 1017 Middlefield Road Redwood City, CA 94063 16.12. Jurisdiction and Venue. Any action at law or in equity brought by either of the Parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in the Superior Court of the State of California in and for the in the County of San Mateo, in any other appropriate court within the County of San Mateo, or in the United States District Court with jurisdiction in the County of San Mateo. Notwithstanding the foregoing, in no event shall either party be liable for the consequential damages or lost profit of the other. 16.13. Brokerage Commission. Each party hereby represents and warrants that it has not obtained the services of a broker in connection with this Agreement. ATTY/DOCS-AGREEMENT/2021.024/POLICE SUBSTATION LEASE REV: 02-03-2021 VR Page 8 of 11