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With a copy to: Jorgenson Siegel McClure & Flegel, LLP <br />1100 Alma St., Ste 210 <br />Menlo Park, CA 94025 <br />Attn: Camas J. Steinmetz <br />Section 13.6. Counterparts and Exhibits; Entire Agreement. This Agreement may be <br />executed in multiple counterparts, each of which shall be deemed to be an original. This <br />Agreement, together with the Project Approvals and attached Exhibits, constitutes the final and <br />exclusive understanding and agreement of the Parties and supersedes all negotiations or previous <br />agreements of the Parties with respect to all or any part of the subject matter hereof. <br />Section 13.7 Recordation of A reement. Pursuant to California Government Code <br />Section 65868.5, no later than ten (10) days after City and Developer enter into this Agreement, <br />the City Clerk shall record this Agreement in the Official Records of the County of San Mateo. <br />Thereafter, if this Agreement is terminated, modified, or amended, the City Clerk shall record <br />notice of such action in the Official Records of the County of San Mateo. <br />Section 13.8 No Joint Venture or Partnership. It is specifically understood and agreed to <br />by and between the Parties hereto that: <br />A. The subject development is a private development; <br />B. City has no interest or responsibilities for, or duty to, third parties <br />concerning any public improvements until such time, and only until such time, that City accepts <br />the same pursuant to the provisions of this Agreement or in connection with the various Project <br />Approvals or Subsequent Approvals; <br />C. Developer shall have full power over and exclusive control of the Project <br />herein described, subject only to the limitations and obligations of Developer under the Project <br />Approvals, this Agreement, the Subsequent Approvals, and Applicable Law; and <br />D. City and Developer hereby renounce the existence of any form of agency <br />relationship, joint venture, or partnership between City and Developer and agree that nothing <br />contained herein or in any document executed in connection herewith shal I be construed as creating <br />any such relationship between City and Developer. <br />Section 13.9 Waivers. Notwithstanding any other provision in this Agreement, any <br />failures or delays by any Party in asserting any of its rights and remedies under this Agreement <br />shall not operate as a waiver of any such rights or remedies, or deprive any such Party of its right <br />to institute and maintain any actions or proceedings which it may deem necessary to protect, assert, <br />or enforce any such rights or remedies. A Party may specifically and expressly waive in writing <br />any condition or breach of this Agreement by the other Party, but no such waiver shall constitute <br />a further or continuing waiver of any preceding or succeeding breach of the same or any other <br />provision. Consent by one Party to any act by the other Party shall not be deemed to imply consent <br />or waiver of the necessity of obtaining such consent for the same or similar acts in the future. <br />41 <br />ATTY/AGR/2024.193 - GATEKEEPER DA -1900 BROADWAY <br />REV: 10-22-24 VR <br />