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To Optionee: City of Redwood City <br /> 1017 Middlefield Road <br /> Redwood City, California 94063 <br /> Fax: (650) 780 -5963 <br /> Attn: City Manager <br /> With copies to: City of Redwood City <br /> 1017 Middlefield Road <br /> Redwood City, California 94063 <br /> Fax: (650) 780 -5963 <br /> Attn: City Attorney <br /> And to: Heffernan Seubert & French LLP <br /> 1075 Curtis Street <br /> Menlo Park CA 94025 <br /> Fax: (650) 322 -2976 <br /> Attn: Daniel K. Seubert <br /> (e) Severability. If any provision of this Agreement is held by a court of <br /> competent jurisdiction to be invalid or unenforceable, the remainder of this Agreement shall <br /> continue in full force and effect and shall in no way be impaired or invalidated, and the parties <br /> agree to substitute for the invalid or unenforceable provision a valid and enforceable provision <br /> that most closely approximates the intent and economic effect of the invalid or unenforceable <br /> provision. <br /> (f) No Third -Party Beneficiaries. The provisions of this Agreement and of <br /> the documents to be executed and delivered at Closing are and will be for the benefit of Owner <br /> and Optionee only and are not for the benefit of any third party; and, accordingly, no third party <br /> shall have the right to enforce the provisions of this Agreement or of the documents to be <br /> executed and delivered at Closing. <br /> (g) No Fiduciary Relationships. Owner is not the agent or representative of <br /> Optionee and Optionee is not the agent or representative of Owner, and nothing in this <br /> Agreement will be construed to make Optionee liable to anyone for goods delivered or services <br /> performed at the Real Property or for debts or claims accruing against Owner. Nothing in this <br /> Agreement will be construed to create any privity of contract or other relationship between <br /> Optionee and anyone supplying labor or materials to the Real Property. Nothing in this <br /> Agreement, nor the acts of the parties, will be construed to create a partnership or joint venture <br /> between Owner and Optionee. <br /> (h) Further Assurances. Each party shall execute, acknowledge, and deliver, <br /> after the Agreement Date, including at or after the Closing, such further assurances, instruments <br /> and documents as the other may reasonably request in order to fulfill the intent of this Agreement <br /> and the transactions contemplated hereby. <br /> Option Agreement 70 Chemical <br /> 10.05.2010 v.5 <br /> 25 <br />