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Owner: El Camino Real Holdings JV, LLC, <br />c/o KM-ECR LLC <br />c/o The Minkoff Group <br />6272 Virgo Road <br />Oakland, California 94611 <br />Attn: Daniel Minkoff <br />Email: dminkoff@minkoffgroup.com <br /> <br /> with a copy to: <br />Tamsen Plume, Esq. <br />Holland & Knight LLP <br />560 Mission Street, Suite 1900 <br />San Francisco, CA 94105 <br />Any notice personally given or sent by facsimile transmission shall be effective upon <br />receipt. Any notice sent by overnight delivery service shall be effective the business day next <br />following delivery thereof to the overnight delivery service. Any notice given by certified or <br />registered mail shall be effective five (5) days after deposit in the United States mail. <br />11.9 Sublease and Assignment. Except as otherwise provided herein, City shall not <br />assign its rights, duties or privileges under this Lease, nor shall City sublease or attempt to confer <br />any of its rights, duties or privileges under this Lease on any third party, without the written consent <br />of Owner. <br />11.10 Entire Agreement of Parties/Amendment of Lease. This Lease constitutes the <br />entire agreement between the Parties and supersedes all prior discussions, negotiations and <br />agreements, whether oral or written. This Lease may be amended or modified only by a written <br />instrument executed by both Parties. <br />11.11 California Law. This Lease shall be governed by and the rights, duties and <br />obligations of the Parties shall be determined and enforced in accordance with the laws of the State <br />of California. The Parties further agree that any action or proceeding brought to enforce the terms <br />and conditions of this Lease shall be maintained in the County where the Property is located. <br />11.12 Attorneys’ Fees. The Parties shall each bear their own costs, including, without <br />limitation, attorneys’ and consultants’ fees, incurred in connection with or as a result of this Lease. <br />11.13 Waiver. The waiver by either Party of any breach of any term, covenant, or <br />condition herein contained shall not be deemed to be a waiver of such term, covenant, condition, <br />or any subsequent breach of the same or any other term, covenant, or condition herein contained. <br />11.14 Counterparts. This Lease and all amendments and supplements to it may be <br />executed in counterparts and transmitted by facsimile, and all counterparts together, whether <br />original or facsimile, shall be construed as one document. <br />11.15 Captions. The captions contained in this Lease are for convenience only and shall <br />not in any way affect the meaning or interpretation hereof nor serve as evidence of the <br />interpretation hereof, or of the intention of the Parties hereto. <br />ATTY/ORD.0002/CC ORD APPROVING DEVELOPMENT AGREEMENT (901 EL CAMINO REAL) - EXHIBIT A <br />REV: 04-23-25 VR <br /> <br />Page 330 of 336