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26. Monuments. All pipes and monuments shown on the Parcel Map which <br />are destroyed or displaced during construction operations will be replaced by Developer <br />at the time of the final inspection of the Improvements, if any. <br />27. Attorneys` Trees. 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: 1390 Woodside LLC <br />1801 Page Mill Road <br />Palo Alto, CA 94304 <br />Attn: John Arrillaga <br />With a copy to: Vance Brown Builders <br />2656 East Bayshore Road <br />Palo Alto, CA 94303 <br />Attn: Steve Runchey <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 transfer and assign its rights, <br />duties, and obligations to an assignee under this Agreement only with City's prior written <br />approval, which shall not be unreasonably withheld. 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. The assignment and assumptions agreement shall provide that assignee shall <br />assume all obligations, including indemnification, and shall agree to perform all of the <br />terms, covenants, obligations and conditions imposed upon the Developer under this <br />Agreement as if the assignee were the original signatories thereto, requiring performance <br />subsequent to the effective date of the assignment. Upon assignment, Developer shall <br />have no further obligations arising under this Agreement; provided, however, that nothing <br />X:\D_E\DATA\Development\1390 Woodside Road\SUBDIVISION IMPROVEMENT AGREEMENT 5.27.2021 (final).docx <br />Initial: aaYY\ <br />Page 13 of 22 <br />