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REV: 07-29-2021 VR <br />CITY: City Manager <br />City of Redwood City <br />1017 Middlefield Road <br />Redwood City, CA 94063 <br />Telephone: 650-780-7300 <br />Facsimile: 650-780-7225 <br />with copies to: City Attorney <br />City of Redwood City <br />1017 Middlefield Road <br />Redwood City, CA 94063 <br />Telephone: 650-780-7200 <br />Facsimile: 650-780-5963 <br />DEVELOPER: Lane 1900 Broadway Owner, LLC <br />Attention: Mark Murray <br />644 Menlo Avenue, 2nd Floor <br />Menlo Park, CA 94025 <br />Telephone: 650-838-0100 <br />Section 5.06. Severability. If any term or provision of this Agreement, or the application <br />of any term or provision of this Agreement to a particular situation, is held by a court of competent <br />jurisdiction to be invalid, void or unenforceable, the remaining terms and provisions of this <br />Agreement, or the application of this Agreement to other situations, shall continue in full force and <br />effect unless amended or modified by mutual consent of the Parties. Notwithstanding the <br />foregoing, if any material provision of this Agreement, or the application of such provision to a <br />particular situation, is held to be invalid, void or unenforceable, either City or Developer may (in <br />their sole and absolute discretion) terminate this Agreement according to the provisions of Section <br />5.03. <br />Section 5.07. Assignment and Transfer. Neither Party shall assign or transfer this <br />Agreement without the prior written consent of the other, which shall not be unreasonable <br />withheld. <br />Section 5.08. Indemnification; Cooperation in Event of Challenge; Limitation of <br />Remedies. <br />(a) Developer Processing Challenge. Developer acknowledges that all efforts <br />undertaken by City in evaluating Developer’s proposal to develop the Project may be set aside (in <br />whole or in part), voided, invalidated, or annulled, and Developer is voluntarily and knowingly <br />proceeding at its sole risk. Developer and City shall each remain liable for its respective attorney’s <br />fees and costs of litigation and costs of experts and consultants retained in any Development <br />Processing Challenge. A “Developer Processing Challenge” is any claim, demand, proceeding, <br />application, petition, complaint or action filed, brought or otherwise commenced by Developer to <br />review, challenge, set aside, modify, overturn, supersede or annul City’s review, evaluation, <br />ATTY/AGR.2021.201/Lane 1900 Broadway Owner (Page 6 of 9)