Agmt21 ROEM Project at 353 Main - Laserfiche WebLink

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when, from time to time, the parties find that refinements or adjustments are desirable, such refinements or adjustments shall be accomplished through operating memoranda or implementation agreements approved by the parties which, after execution shall be attached to this Agreement as addenda and become a part hereof, each an "Operating Memorandum". This Agreement describes some, but not all, of the circumstances in which the preparation and execution of operating memoranda or implementation agreements may be appropriate. (b) Operating memoranda or implementation agreements may be executed on the City's behalf by the City Manager, or the City Manager's designee. In the event a particular subject requires notice or hearing, such notice or hearing shall be appropriately given. Any significant modification to the terms of performance under this Agreement shall be processed as an amendment of this Agreement in accordance with this Section and must be approved by the City Council. Section 9.18 Amendments. The parties can amend this Agreement only by means of a writing executed by the Developer and the City. Section 9.19 Multiple Originals: Countemarts. This Agreement may be executed in multiple originals, each of which is deemed to be an original, and may be signed in counterparts. Section 9.20 Complete Understanding of the Parties. This Agreement constitutes the entire understanding and agreement of the parties. All prior discussions, understandings and written agreements are superseded by this Agreement. The Developer and the Developer's counsel have read and reviewed this Agreement and agree that any rule of construction (including, but not limited to Civil Code Section 1654, as may be amended from time to time) to the effect that ambiguities are to be resolved against the drafting party shall not apply to the interpretation of this Agreement. REV: 06-17-2020 PR 1199\09\2727850.8 [Signatures on following page] ATTY/AGR.2020.100/353 Main Street Apartments LP (Page 60 of 143)