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6.113. - Page 18 of 64 <br />27. Attorneys' Fees. Should any legal action be brought by either party because <br />of breach of this Agreement or to enforce any provision of this Agreement, the prevailing <br />party will be entitled to all costs of suit, reasonable attorneys' fees and such other costs <br />as may be determined by the court. <br />28. Notices. Any notices relating to this Agreement will be given in writing and <br />will be deemed sufficiently given and served for all purposes when delivered personally <br />or by generally recognized overnight courier service, or five (5) days after deposit in the <br />United States mail, certified or registered, return receipt requested, with postage prepaid, <br />addressed as follows: <br />To Developer: One20th LLC <br />3031 Tisch Way, Suite 1010 <br />San Jose, CA 95128 <br />Attn: Jeff Curran <br />With a copy to: BWS Inc <br />3031 Tisch Way, Suite 1010 <br />San Jose, CA 95128 <br />Attn: Greg Plnn <br />To City: City of Redwood City <br />1017 Middlefield Road <br />Redwood City, California 94063 <br />Attn: City Manager <br />With a copy to: City of Redwood City <br />1017 Middlefield Road <br />Redwood City, California 94063 <br />Attn: City Attorney <br />29. Assignment by Developer. Developer may assign its obligations under this <br />Agreement only with City's prior written approval. In connection with any such <br />assignment, Developer and its assignee will execute and deliver to City a written <br />assignment and assumption agreement in a form reasonably acceptable to the City <br />Attorney. <br />30. Binding Upon Heirs, Successors and Assigns. The terms, covenants and <br />conditions of this Agreement will be binding upon all heirs, successors and assigns of the <br />Parties hereto. <br />31. Interpretation. The word "including" will be construed as if followed by the <br />words "without limitation." All recitals to this Agreement are incorporated by reference as <br />though fully restated herein. All exhibits and attachments to this Agreement are <br />incorporated by reference as though fully restated herein. This Agreement will be <br />interpreted as though prepared jointly by both Parties. Section headings in this Agreement <br />REV: 01-06-2021 PR <br />ATTYIAGR.2021.0031Pinn Bros (Page 13 of 22) 47 <br />