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13. Effectiveness of Original Agreement; 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 or other action succeeds, then the Original <br /> Agreement shall remain in full force and effect in its original form. <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 /> 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 /> and: <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 /> 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 /> 16. Severability. 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 /> S:ATTY /AGR/2010.111 8 <br /> 9/28/10 FINAL <br />