RecDoc 2022-044650 CONF South Main Mixed-Use Project

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25.3 Developer agrees that if legal action is brought by City under this section of this Agreement, Developer will pay all of the costs of suit, reasonable attorney fees, and such other costs as may be determined by the court. 25.4 No failure on the part of City to exercise any right or remedy hereunder will operate as a waiver of any other right or remedy that City may have hereunder. 25.5 The rights and remedies of City are cumulative, and the exercise by City of one or more of such rights or remedies will not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default. 26. Final Drawings. Upon completion of the Work and prior to final acceptance, Developer will deliver to City a set of "as -built" drawings consistent with the Conditions. These drawings will be in a form acceptable to the City Engineer, will be certified as being "as -built" and will reflect the Work as actually constructed, with any and all changes incorporated therein. Said drawings will be signed and sealed as accurate by the engineer of record. 27. Monuments. All pipes and monuments shown on the Final Map which are destroyed or displaced during construction operations will be replaced by Developer at the time of the final inspection of the Improvements, if any. 28. Attorneys' Fees. Should any legal action be brought by either party because of breach of this Agreement or to enforce any provision of this Agreement, the prevailing party will be entitled to all costs of suit, reasonable attorneys' fees and such other costs as may be determined by the court. 29. Notices. Any notices relating to this Agreement will be given in writing and will be deemed sufficiently given and served for all purposes when delivered personally or by generally recognized overnight courier service, or five (5) days after deposit in the United States mail, certified or registered, return receipt requested, with postage prepaid, addressed as follows: To Developer: IQHQ Elco Yards, L.P. 674 Via De La Valle, Suite, 206 Solana Beach, CA 92075 Attn: Kelley Gallese With a copy to- Holland & Knight LLP 400 South Hope Street, 8th Floor Los Angeles, CA 90071 Attn: Douglas Praw Email: doug.praw@hklaw.com REV: 04-07-2022 SK ATTY/AGR.2022.083/South Main SIA (Page 15 of 26)