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unanticipate~W:esence ol:Ta~-----'~-~c~s or other concealed conditions on the Project Site that ~ally ~----~,ge th~ or cost-of performing the Services and that Developer, its Cod~lt._..ants and G~tractors~u~ld not have identified in the course of performing a thorough and I pruden~:=~es~ro~__ Site, or a change in governmental regulations or similar events ~ are '~.__nd that party's-reasonable .~'bility to control; however, the affected party shall be obligat~t~o pee~*-,n'n or comply within a reasoPable time after the event or action which precluded such party~o~m tirn-~__ performance no longer exists. --- 18. MEE~ND CONFER. If a dispute arises between Developer, City and Aqencv reoardin(3 =-~,_~_~ _Servic__e__~_~ be performed under this Aqreement. the Drincioals of Developer, City and A.qenc¥ sh~--~ Iy meet and confer in a good faith effort to resolve the issue. shall not be deemed to be a part of such paragraphs and shall not be construed to change the meaning thereof. I 2_..~ EXHIBITS A I Exh b ts referenced in this A reement are incor orated herein as if full set forth in this document. between the Owner and the Developer with regard to the subject matter of this Agreement and supersedes all prior negotiations, representations or agreements, either written or oral, provided however, that nothing contained herein shall be construed as affecting the City's, Agency's or Developer's respective duties to perform their respective obligations under other agreements, land use regulations or subdivision requirements relating to the development of the Project Site, which obligations are and shall remain independent of the Developer's dghts and obligations, and the City's and Agency's rights and obligations under this Agreement. City, the Agency and the Developer. Nothing contained in this Agreement is intended to benefit any third party. Neither the Consultants nor any other third party are intended third party beneficiaries of this Agreement. by and interpreted in accordance with the laws of the State of California. The parties agree that the proper venue for the determination of any such dispute shall be San Mateo County. Developer covenants that it will not commit, suffer or permit any act to be done in, upon or to the Project or in 9 '26/03 25 I ,567 7, ~ C 33786/000'~ ........................................................................................... DBB 100903/Agr.147