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P <br /> obligated to perform or comply within a reasonable time after the event or action which <br /> precluded Owner from timely pertormance no longer exists. <br /> 11. Indeaendent Contractor. It is mutually understood and agreed that neither <br /> Owner nor any of Owner's agents or contractors are, or shall be, considered to be agents or <br /> employees of the City of Redwood City in connection with the performance of Owner's <br /> obligations under this Agreement. <br /> 12. Assiqnabilitv. This Agreement shall inure to and be binding on the successors, <br /> assigns, and heirs of the parties hereto. Owner may assign this Agreement subject to City's <br /> approval, which shall not be unreasonably withheld. <br /> 13. Notice. All notices between the parties shall be in writing and may be hand <br /> delivered, sent by U.S. Certified Mail - Return Receipt Requested, transmitted by facsimile <br /> machine with confirmation of transmission, or delivered by signature verified courier/delivery <br /> service. Notice shall be effective upon actual receipt of the notice. <br /> Notice shall be addressed to: <br /> City: S. Peter Vorametsanti <br /> City Engineer <br /> 1017 Middlefield Road <br /> Redwood City, CA 94063 <br /> Owner: Louis B Deziel Jr., Manager <br /> Lathrop PARC Redwood City, LLC <br /> 101 Seminary Drive <br /> Menlo Park, CA 94025 <br /> 14. Amendment. This Agreement contains the entire agreement between the <br /> parties. No amendment to this Agreement is valid unless in writing and signed by both parties. <br /> 15. Waiver. The waiver by either party of any term or condition of this Agreement <br /> shall not be deemed to be a waiver on the part of that party of any covenant of this Agreement. <br /> Such waiver shall not constitute a waiver of any future breach of the same or other terms or <br /> conditions of this Agreement. <br /> ATTY/AGR/2012.070/134 MAPLE IMPROVEMENTAGREEMENT <br /> REV:06-04-12 VR <br /> Page 8 of 9 <br />