Agmt97 Martin Campus Ass... (2) - Laserfiche WebLink

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SECTION 5. GENERAL PROVISIONS Section 5.01 Further Assurances. City and Owner agree to take all such further action consistent with this Agreement as may be reasonably necessary or helpful to fully implement the provisions of this Agreement and to secure to the parties the full and complete benefits thereof. Section 5.02 Severability. If any term or provision of this Agreement, or the application of any term or provision of this Agreement to a particular situation, is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining terms and provisions of this Agreement, or thc application of this Agreement to other situations, shall continue in full force and effect unless amended or modified by mutual consent of the parties. Section 5.03 Recordation. City may, at its option, request the recordation of this Agreement or a memorandum thereof (the "Memorandum") in the Official Records of San Mateo County, California. Section 5.04 Execution. This Agreement shall be executed by City and Owner and the signatures of the respective parties authorized signatories shall be notarized for recordation. In the event that City requests the recordation of a Memorandum, Owner shall execute same immediately upon request, and Owner's authorized signatory shall be notarized. Section 5.05 Covenants and Servitudes. All of the provisions contained in this Agreement which effect the Property or the payment of money for the issuance of Project Tenant Improvements Permits are applicable as equitable servitudes and shall constitute covenants running with the land pursuant to applicable law, including but not limited to, Section 1468 of the Civil Code of the State of California. Each covenant to act or refrain from acting is for the benefit of or a burden upon the Property, as appropriate, runs with the Property, and is binding upon each successive owner of a fee interest in the Property. Section 5.06 Miscellaneous. (a) This Agreement shall apply to, bind and inure to the benefit of successors in interest of the parties hereto, including heirs, assigns, executors, administrators and all other parties, whether they succeed by operation of law or voluntary acts of City or Owner. (b) This Agreement may be amended in writing by the mutual agreement of the original parties or their successors in interest. (c) This Agreement shall be construed and enforced in accordance with the laws of the State of California. AGMT-1024 6 10/24/97 10/28/97R 10/29/97R