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<br />7.B <br />Page 13 <br /> <br />13. Effectiveness of Oriqinal Aqreement Effect of Referendum. Except as <br />expressly modified by this Amendment, all terms and conditions of the Original <br />Agreement shall remain unchanged and in full force and effect. If this <br />Amendment does not take effect due to a referendum election or otherwise, or is <br />set aside by court order or otherwise, the Original Agreement shall remain in full <br />force and effect in its original form! subject to any future amendment agreed <br />upon by City and Developer. Upon the filing of any appeal, referendum, or any <br />other action to rescind or repeal this Amendment, City and Developer shall have <br />the option to, by mutual consent, terminate this Amendment in accordance with <br />any applicable legal requirements, and declare this Amendment null and void, <br />and upon such termination, all terms and conditions of the Original Agreement <br />shall remain unchanged and in full force and effect. If City and Developer do not <br />mutually agree to terminate this Amendment upon the filing of an appeal, <br />referendum, or other action to rescind or repeal this Amendment, and such <br />appeal is upheld or such referendum of other action succeeds, then the Original <br />Agreement shall remain in full force and effect in its original form. <br /> <br />14. Address for Notices. Developer's address for notices set forth in Section 8.1 of <br />the Original Agreement is hereby amended as follows: <br /> <br />R. C. Peninsula Park, LLC <br />650 Bair Island, Suite 100 <br />Redwood City, CA 94063 <br />Fax: (650) 369-1317 <br />Attn: Paul Powers <br /> <br />and: <br /> <br />The Pauls Corporation <br />270 St. Paul Street, Suite 300 <br />Denver, CO 80206 <br />Fax: (303) 371-6477 <br />Attn: Chris Manley <br /> <br />15. Further Assurances. The Parties shall execute, acknowledge and deliver to the <br />other such other documents and instruments, and take such other actions, as either <br />shall reasonably request as may be necessary to carry out the intent of this <br />Amendment. <br /> <br />16. Severabilitv. If any term of this Amendment is held by a court of competent <br />jurisdiction to be invalid, void or unenforceable, the remainder of the provisions shall <br />continue in full force and effect unless the rights and obligations of the Parties are <br />materially altered or abridged by such invalidation, voiding or unenforceability. <br /> <br />1483470.7 <br />9-09-2010 PCI+PP Final <br /> <br />8 <br />