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1'1. Indep"ehdent Contractor. It is mutually unders-{ood and agreed that neither <br />Owner nor any of Owner's agents or contractors are, or shall be, considered to be <br />agents or employees of the City of Redwood City in connection with the performance of <br />Owner's obligations under this Agreement. <br /> <br /> 12. Assignability. This Agreement shall inure to and be binding on the <br />successors, assigns, and heirs of the parties hereto. Owner may assign this Agreement <br />subject to City's approval, which shall not be unreasonably withheld. <br /> <br /> 13. Rights; Notice. This Agreement (including the payment of the <br />Improvements by Owner) shall not in any way be construed by any of the parties hereto <br />as conveying any right or privilege to Owner and/or any of its officers, employees, <br />agenda or invitees and it is acknowledged by Owner that City may at its sole option or <br />discretion to remove the Improvements at any time, and without notice. <br /> <br /> 14. Property Interests. The parties acknowledge that, as of the date hereof, <br />Owner does not possess property rights or interests in or about the Property sufficient to <br />allow Owner to construct the Improvements. Therefore, subject to the provisions of this <br />Agreement and other agreements providing entitlement to Owner, the parties are aware <br />that the City, at Owner's sole cost and expense, may be required to acquire certain <br />property interests in furtherance of the public interest and necessity. Upon <br />determination by City that certain property interests must be acquired, City shall notify <br />Owner of the property interests that City proposes to acquire and the estimated costs for <br />the acquisition. Costs of the acquisition shall include but shall be limited to engineering <br />fees (consultants and in-house engineers), attorneys fees, experts, consultants, court <br />costs and acquisition payments, relocation payments, severance damages and other <br />incidental costs. City shall not proceed with the acquisition process until and unless <br /> <br /> 8 <br /> <br />Agmt-361 10/05/2000 11:29R <br />06/05/00 AO Page: 9 of 17 <br />06/09/00R <br />FXS/fs <br /> <br /> <br />