Agmt12 Bair Island Aquatic Center, Inc.

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� \ , � Exhibit C � BIAC: Bair Island Aquatic Center, Inc. 1450 Maple S4eet Redwood City, Califotnia 94063 Attn: President City: City of Redwood City 1017 Middlefield Road Redwood City, Califomia 94063 Attn: City Attorney Fax: (650) 780-5963 With copies to: City of Redwood City 1017 Middlefield Road Redwood City, Califomia 94063 _ Attn: City Manager 20. Applicable Law. This Agreement aad all rights and remedies of the parties hereto shall be conshiied and enforced in accordance with the laws of the State of Califomia � 21. Relocation. Anything in tlris Agreeme� to the contcary notwithstanding, the City shall have the right to relocate BIAC to similar space on the Property or elsewhere. Following such relocation, the License Area, as used in ttris Ageement, shall mean the new License Area to wluch BIAC is reloceted and Ezhibit B shall be revised to reflect the aew License Area. If the City relocates BIAC to a new localion, then the terms and conditions of this Agreement shall recnain in full Force and effect, except that if the new License Area to which BIAC is relocated is not the same size as the License Area, then the License Fee payable by BIAC sball be edjusted accordingly based on the actual square footage of the new License Area. 22. Rebordin¢. Neither this Agreement or any notice or memorandum hereof shall be recorded in any public record. A violation of this prolubition by BIAC shall constitute a material breach of tYus Ageement and terminate the License. 23. Waiver of Default: Cumulative Remedies. No waiver of any default by any party to this Agreement shall be implied from any omission by any other party to take any action in respect of such default if such default continues or is repeated. No express waiver of any default shall affect any default or cover aay period of time other than the default and period of time specified in such express waiver. One or more waive:s of any default in the performance of any term, provision or covenant contained in ttris Agneemern shall not be deemed to be a waiver of any subseque� defauU in the performaace of the same term, provision or covenant or any other term, provision or covenant contained in this Agreement The consent or approval by any party to or of any act or request by any other party requiring consent or approval sUall not be deemed to waive or render unnecessary the consent to or approval of any subsequent similaz acts or requests. The rights and remedies given to any party by tlris Agrcement shall be deemed BIAC licrnsc 6.11.09 v2 6 ^� Page 22 of 31 rj I