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Permit No. Permittee: TO PERMITTEE: Redwood City, CA 94063 Atin• City A[torney I-elephone: (650) I80-7200 — Tefephona: 26. This Permit, together with the Special Provisions and Exhibits A and B. attached hereto and incorporated herein by reference, constitutes the entire understanding of the Parties with respect to the subjecl matter hereof, and supersedes all prior written or oral agreements, understandings, representations or statement with respect lhereto. This Permit may be amended only by a written instrument executed by the Parties herelo. 27, if any term, provision, or condition of this Permit Is held by a court of competent Jurisdiction to be invalid or unenforceable, the remainder of this permit shall continue in full force and effect unless the rights and obligations of the Parties have been matenally ailered or abridged thereby. 28. A waiver by either Party of the performance of any covenant or condition herein shall not invalidate this Permit nor shall the delay or forbearance by either party in exercising any remedy at right be considered a waiver of, or an estoppel against, the later exercise of such remedy or right. No waiver of any breach of any covenant of provisron of Ihis Permit shall he deemed a waiver of any subsequent breach of the same or any other covenant or provision hereof. No waiver shall be valid unless in writing and exeCuted by the waiving Party. 29. The section headings used herein are solely for convenience and shall not be used to interpret this Permit. The provisions of this Permit shall be construed as a whole according to (heir common meaning, and not strictly for or against any party, in order to achieve the objectives and purposes of the Parties. 30, In any action at law or In equity, arbilraNan or other proceeding arising in connection with this Permit, the prevailing party shall recover reasonable attorney's fees and other costs, including but not limited to court costs and expert and corrsuilanls' fees incurred in Conneclion with such action, in addilion to any other relief awarded. 31. This Permit, and the rights and obllgalions of the Parties. shall be governed by and interpreted in accordance with the laws of the Slate of California without regard to prinCip[r+s of conflicts of law. Any action to enforce or interpret this Permit shall be filed in the Superior Court of San Mateo County, California or in the Federal District Court for the Northern District of Califomia. 32. The nghts granted hereby are personal to Permittee and may not be transferred or assigned by operation of law or otherwise without the written consent of City. Nothing in this Permit Is intended to or shalt confer upon any person other Ihan the Parties any nghts or remedies hereunder. 33. Time is of the essence for each condition, term, obligation and provision set forth in this Permit. 34. Permittee acknowledges that this Permit may create a possessory interest subject to property laxation, and that Permittee may be subject to the payment of property [axes on such interest, 35. Permittee shall comply with applicable City noise ordinances, including Chapter 24, Article ll, Division 3 'Construction' of the Redwood City Municipal Code. 36. In addilion to this permit and those noted in the provision above, permittee shall obtain the following permits. 8 of 9 OAK 44819-4834-1908 v20 Exhibit D