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Notice shall be deemed given three (3) business days after the date of mailing, or, if personally <br /> delivered, when received. A party's address for notice may be changed by giving notice to the <br /> other party in the manner set forth above and indicating the new address for notice. <br /> Section 5.09. Governina Law. <br /> This Agreement shall be governed by the laws of the State of California. Any legal action <br /> brought under this Agreement must be instituted in the Superior Court of the County of San <br /> Mateo, State of California, in an appropriate municipal court in that county or in the Federal <br /> District Court in the District of California in which San Mateo County is located. <br /> Section 5.10. Legal Advice. <br /> OWNER represents and warrants the following: OWNER has carefully read this Agreement, and <br /> in signing this Agreement and/or agreeing to be bound by the same, OWNER does so with full <br /> knowledge of any rights which OWNER may have; OWNER has received independent legal <br /> advice from legal counsel as to the matters set forth in this Agreement, or has knowingly chosen <br /> not to consult legal counsel as to the matters set forth in this Agreement; and, OWNER has <br /> freely signed this Agreement and/or agreed to be bound by it without any reliance upon any <br /> agreement, promise, statement or representation by or on behalf of the CITY, or its respective <br /> agents, employees, or attorneys, except as specifically set forth in this Agreement, and without <br /> duress or coercion, whether economic or otherwise. This Agreement shall be interpreted as <br /> though prepared jointly by both OWNER and the CITY. <br /> Section 5.11. Successors and Assiqns <br /> This Agreement shall be binding upon and inure to the benefit of the successors and assigns of <br /> the OWNER and the CITY. <br /> Section 5.12. Counterparts <br /> This Agreement may be signed in multiple counterparts each of which shall be deemed to be an <br /> original but all of which shall constitute a single agreement. <br /> IN WITNESS WHEREOF, OWNER and CITY have executed this Agreement as of, <br /> although not necessarily on, the date first written above. <br /> CITY: OWNER: <br /> Redw City BRE Prope i s, Inc�' ls'' <br /> B��.'`' <br /> Ro ert B. ell, City Manager ` �� � ��,�,� <br /> E� <br /> T: ATTE + <br /> ♦ <br /> �Iv� nderlinden, City Clerk ��ry� S�`�� <br /> A R VED TO FORM: ��C� '�CS(�i�f <br /> Pamela Thompson, City Attorney <br /> ATTY/AGR/2011.141/640 VETERANS WAY—AFFORDABILITY AGREEMENT <br /> REV:12l29/11 <br /> Page 8 of 20 <br />