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BHV Innisfree Ventures I, LLC <br />411 Hartz Avenue, Suite 200 <br />Danville, CA 94526 <br />Attn: Bradley Blake <br />On Broadway Redwood City, LLC <br />c/o Buchanan Street Partners <br />620 Newport Center Drive, Suite 850 <br />Newport Beach, CA 92600 <br />Attn: Timothy J. Ballard <br />4.6. Nondiscrimination <br />During the term of this Assignment Agreement, the <br />parties shall comply with the state and federal laws regarding non-discrimination. <br />4.7 Authority. The parties executing this Assignment Agreement on behalf of <br />City/Agency, Assignor and Assignee each represent and warrant that they have the <br />legal power, right and actual authority to bind the City/Agency, Assignor and Assignee, <br />respectively, to the terms and conditions hereof. <br />4.8 Severability. Each provision, term, condition, covenant, and/or restriction, <br />in whole and in part, in this Assignment Agreement shall be considered severable. In <br />the event any provision, term, condition, covenant, and/or restriction, in whole and in <br />part, in this Assignment Agreement is declared invalid, unconstitutional, or void for any <br />reason, such provision or part thereof shall be severed from this Assignment Agreement <br />and shall not affect any other provision, term, condition, covenant, and/or restriction, of <br />this Assignment Agreement and the remainder of this Assignment Agreement shall <br />continue in full force and effect. <br />4.9 Entire Agreement. This Assignment Agreement embodies the entire <br />agreement and understanding between the Parties relating to the subject matter of it <br />and replaces, in its entirety that assignment agreement approved by the City/Agency on <br />January 26, 2004. In case of conflict, the terms of this Assignment Agreement <br />Atty/Ag r/Ag r.180 4 <br />042004 <br />