Agmt12 Lowe Enterprises Real Estate Group Winslow Project

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(c) In any action at law or equity or other legal or administrative proceeding arising out of or relating to this Agreement, or Developer's proposal to develop the Winslow Project, or City's review, evaluation, consideration, proceeding or disposition of Developer's proposal to develop the Winslow Project, including but not limited to any Developer Processing Challenge or any other challenge, neither City nor Developer shall be entitled to damages or other remedies or relief except as expressly set forth in this Agreement. Permitted remedies shall include mandatory or injunctive relief, writ of mandate, specific performance or termination of this Agreement, or a claim for reimbursement of unexpended funds and advanced by Developer to City. Without limiting the generality of the foregoing, neither City nor Developer shall be liable under any circumstances for any direct, indirect, special, compensatory, consequential, punitive or exemplary damages, regardless of whether the claim for damages is based on contract, tort, statute or other basis of liability. (d) Indemnification Survives Termination. The rights and obligations set forth in this Section 5.08 shall survive termination of this Agreement. Section 5.09. Amendment of this A�reement. This Agreement may be amended from time to time, in whole or in part, only by written amendment executed by the Parties. Section 5.10. Counterparts. This Agreement may be executed in two (2) duplicate originals, each of which is an original, but all of which taken together is considered one and the same instrument. IN WITNESS WHEREOF, City and Developer have entered into this Agreement as of the da�e first above written. CITY: CITY OF REDWOOD CITY � gy: i `� �. /3�/� Robert B. Bell City Manager % ; ATT Silvia on erlinden, City Clerk DEVELOPER: LOWE ENTERPRISES REAL ESTATE GROUP i �� By: anns Lee Senior Vice President ATTY/AGR/2012.093/LOWE DDA REIMBURSEMENT AGREEMENT WINSLOW REV:12-7-12 VR Page 8 of 9