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(c) Naming the City of Redwood City, its Council, the Redevelopment Agency
<br />of Redwood City, their officers, boards, commissions, employees, and agents, as
<br />additional insureds; and
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<br /> (d) Providing that Developer's and Developer's Consultants' insurance
<br />coverage shall be primary insurance with respect to City, its Council, officers, boards,
<br />commissions, employees, and agents, and any insurance or self-insurance maintained
<br />by City for itself, its Council, officers, boards, commissions, employees, or agents shall
<br />be in excess of Developer's and Developer's Consultants' insurance and not
<br />contributory with it.
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<br /> 14. COVENANT AGAINST CONTINGENT FEES. Developer hereby
<br />warrants that it has not employed or retained any company or person, other than a bona
<br />fide employee, to solicit or secure this Agreement, and has not paid or agreed to pay
<br />any company or person, other than a bona fide employee, any fee, commission,
<br />percentage, brokerage fee, gift, or any other consideration contingent upon or resulting
<br />from the award or formation of this Agreement. For breach or violation of this warranty,
<br />City and Agency shall have the right to annul this Agreement without liability, or at the
<br />discretion of the City and Agency discretion, to deduct from the Agreement price or
<br />consideration, or otherwise recover, the full amount of such fee, commission,
<br />percentage, brokerage fee, gift or contingent fee.
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<br /> 15. NOTICES. Any notice, payment or instrument required or permitted by this
<br />Agreement to be given or delivered to any party shall be deemed to have been received
<br />(regardless of whether copies thereof have been delivered, transmitted or sent to, or
<br />received by the entities designated to receive copies, as set forth below) when personally
<br />delivered, transmitted by facsimile transmission (which shall immediately be confirmed by
<br />telephone and be followed by mailing an original of the same within 24 hours after such
<br />transmission) or 72 hours after deposit of the same in any United States Post Office,
<br />registered or certified, postage prepaid, addressed as follows:
<br />
<br /> TO DEVELOPER: BHV INNISFREE VENTURES I, LLC
<br /> cio Blake Hunt Ventures I, LLC
<br /> 1660 Olympic Blvd., Suite 300
<br /> Walnut Creek, CA 94596
<br /> Attention: Brad Blake
<br />
<br /> F:Atty/Agr/Agr.119
<br /> 052003 1 1
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