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Agmt01 Western Innisfree Ventures LLC
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Agmt01 Western Innisfree Ventures LLC
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Last modified
10/12/2006 5:01:24 PM
Creation date
1/20/2004 9:43:23 AM
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Template:
Agreement
Contractor Name
BHV Western Innisfree Ventures (predecessor-in-interest to On Broadway Redwood City, LLC)
PROJECT NAME
Downtown Retail Cinema & Parking Project, Disposition & Development Agmt (DDA)
RMP File Number
304
Date
1/29/2001
Reso Ref
RD 00-48, RD 01-61, 14140, 14141, 14733
MO Ref
01-16, 04-17, RD 04-02
Amendment
Yes
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Notwithstanding the foregoing, no approval of Agency shall be required with respect to the <br />Transfer of any interest in Developer to any subsidiary, parent or affiliate of Developer or of any <br />member of the limited liability company constituting Developer, or any partnership or <br />corporation which, directly or indirectly, has a majority interest in Developer or in any such <br />member. <br /> <br /> §903 Transfers to Joint Ventures or Partnerships <br /> <br /> Notwithstanding anything to the contrary contained in this Article 9, Developer may <br />assign its rights under this Agreement or transfer the Project Site, or any portion thereof, to one <br />or more joint ventures, limited liability companies, partnerships or corporations, without <br />obtaining Agency's prior approval (but provided that Developer notifies Agency in writing of <br />such assignment), if (i) such joint venture, limited liability company, partnership or corporation <br />agrees in writing with the Agency to assume all of Developer's Obligations with respect to the <br />portion of the Project Site so assigned; (ii) Developer, or its present direct and indirect owners, <br />owns, directly or indirectly, at least a majority interest in such joint venture, limited liability <br />company, partnership or corporation; and (iii) Developer retains primary responsibility for <br />development of the Project Site. <br /> <br />Article 10 GENERAL PROVISIONS <br /> <br /> §1001 Intentionally Omitted <br /> <br /> §1002 Notices. Demands and Communications Between the Parties <br /> <br /> Written notices, demands and communications between the Agency and Developer shall <br />be sufficiently given when delivered by hand, or one (1) Business Day following dispatch by <br />overnight courier, or two (2) Business Days following dispatch by registered or certified mail, <br />postage prepaid, return receipt requested, to the principal offices of the Agency and Developer as <br />set forth in Sections 108 and 109 hereof, respectively. In addition, a duplicate copy of any notice <br />to Developer shall also be provided to legal counsel for Developer, as follows: <br /> <br /> Orrick, Herrington & Sutcliffe LLP <br /> 400 Sansome Street <br /> San Francisco, CA 94111 <br /> Attention: Noel VE. Nellis <br /> <br />A duplicate copy of any notice to Agency shall also be provided to Agency Counsel, as follows: <br /> <br /> David E. Schricker, Esq. <br /> Law Offices of David E. Schricker <br /> A Professional Corporation <br /> 702 Marshall Street, Suite 314 <br /> Redwood City, California 94063 <br /> <br />Such written notices, demands and communications may be sent in the same manner to such <br />other addresses as either party may from time-to-time designate by notice given as provided in <br />this section. <br /> <br />DOCSSFl:495065.9 <br />9975-5 NWN <br /> <br /> <br />
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