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6.1.D. - Page 61 <br /> Witt�a copy to: City af Redwood City <br /> 1017 Middlefield Road <br /> Redwood City, California 94063 <br /> Attn: City Attorney <br /> 31, Assi�nrr�ent bv Develaper. Developer may assign its obligations under this Ag�•eement <br /> only with the prioz'written approval of the City. It� cannection with any such assigtament,Developer and <br /> its assignee sha11 execute and delivei• to City a written assigrunent and assumption agreeinent in a foj•�n <br /> reasonabiy acceptable to the City Attorney. <br /> 32. Bindin��Upon Heirs, Successors and Assi�. The terms, covenants and conditions of <br /> this Agreemer�t shall be bii�ding upon all heirs, suceesso�•s and assigns of th�par�ies he�•eto. <br /> 33. Ititet•�tation. The word "including" sha11 be const�•ued as if follor�ved by the wards <br /> "without liinitation." All e�tibits and attachments to #his Agreement ai•e incorporated by refarence as <br /> though fully restated herein. This Agreement shall be inte�•p�•eted as though prepared joi�tly by both <br /> parties. Seetion headings in this Agre�ment a�•e for convenience only and are not intended to ba used in <br /> inteipretii�g or construing the terttis, covenants or conditions co�tained in this Agreement. <br /> 34. Seve�•abilitv. If any p�•ovision of this Ag�•eement is heid, to any extent, invalid, the <br /> remainder of this Agreement sha11 not be affected,except as necessa.rily required by the invalid provision, <br /> ac�d shall a•e�nain in full force and effect. <br /> 35. Entire Agreement. The terms a��d conditions of this Agreement constitute �he entit•e <br /> agree�nent between City and Develope�• wit� respect to the matters addressed in this Agreement. This <br /> Ag��eement may not be altered, amended or modi�ed withou#the written cons�nt of all parties hereto. <br /> 36. Governin L�Venue. This Ag�•eemei�t shall be construed and enforced in accardance <br /> with the laws of the State of Califo��ia, without a•eference to choice of law provisions, Any legal actions <br /> u�ider this Agreement shall be b�•ought only in the Superior Cou��t of the County of San Mateo, State of <br /> Califon�ia. <br /> 37. Authoritv. �ach party executing this Agreenaent on behalf of a pa��ty rep�•esents and <br /> wa��rants that such parson is duly and validly authorized to do so on behalf of the entity it p�rpot�ts to biud <br /> and if such party is a partnet•ship, corporation or trustee, that such partnership, corporatiai� ar trustee has <br /> full right and autha�•ity to enter into�his Agreement and pei�form all of its obligations hereunder. <br /> 3$. Time is of the Essence. Time is of�l�e essence of this Agreement and of each and every <br /> tetm and condition hereo£ ' <br /> ATTYIACR120�3.009/SUBDiVISION IMPROVEMEN7 AGRE.EMENT ONE hIIARINA <br /> REV:01-14-93 VR <br /> Page 11 of 25 <br />