RecDoc 2022-011757 1304 El Camino Real

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to enforce, the terms of this Agreement, or to collect any amount owed as a result of any breach thereof, the venue for such action shall be the Superior Court of the County of San Mateo. 16. Rights and Remedies Cumulative. The rights and remedies of the Parties are cumulative, and the exercise or failure to exercise one or more of such rights or remedies by a Party shall not preclude the exercise by it, at the same time or different times, of any right or remedy for the same default or any other default by the other Parties. 17. Third Party Beneficiary Rights. This Agreement is not intended to create, nor shall it be in any way interpreted or construed to create, any third party beneficiary rights in any person not a party hereto unless otherwise expressly provided herein. 18. Construction. In construing the provisions of this Agreement and whenever the context so requires, the use of a gender shall include all other genders, the use of the singular shall include the plural, and the use of the plural shall include the singular. 19. Joint and Several Obligations. All duties and obligations of the Owner under this Agreement shall be joint and several obligations of each entity comprising the Owner. 20. Notices. All notices required to be given by either Party shall be made in writing and may be effected (i) by personal delivery, (ii) via reputable overnight courier service, or (iii) by mail, registered or certified, postage prepaid with return receipt requested. Couriered and mailed notices must be addressed to the Parties at the addresses, appearing below in this Section, but any Party may change its designated address by giving written notice to the other Parties in accordance with this Section. Notices delivered personally will be deemed communicated as of actual receipt; notices sent by overnight courier will be deemed communicated as of the date delivered by the courier; mailed notices will be deemed communicated as of the date of receipt or the third (3rd) day after mailing, whichever occurs first. The Parties' addresses are as follows: City: City of Redwood City 1017 Middlefield Road Redwood City, CA 94063 Attn: City Manager With a copy to: City of Redwood City 1017 Middlefield Road Redwood City, CA 94063 Attn: City Attorney And: Goldfarb & Lipman LLP 1300 Clay Street, 11th Floor Oakland, CA 94612 Attn: Karen Tiedemann Owner: GS HIP 1304 ECR, LP 450 Sansome Street, Suite 500 San Francisco, CA 94111 Attention: Jonathan Fearn REV: 01-24-2022 SK ATTY/AGR.2022.011/GS HIP 1304 ECR, LP (Page 8 of 15)