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7.1 .A. - Page 10 <br /> defendatrts in the lawsuit. <br /> e. Failure to Procure Adequate Insurance <br /> Failure by SPONSOR and/or ENTITY to procure sufficient insurance to financially <br /> support Section 4.1, Indemnity by SPONSOR, of this Agreement does not excuse <br /> SPONSOR firom ineeting all obligations of Section 4.1 and the remainder of this <br /> Agreement, generally. <br /> Prior to beginning work under this Agreement, SPONSOR shall obtain satisfactory evidence of <br /> compliance with the insurance requirements of this section. <br /> SECTION 5: Miscellaneous <br /> 51 Notices. All notices required or permitted to be given under this Agreement, <br /> excluding quarterly progress reports, annual reports, and invoices, shall be in writing and <br /> mailed postage prepaid by certified or registered mail,rettun receipt requested, or by <br /> personal delivery or overnight courier to the appropriate address indicated below or at <br /> such other place(s)that either pariy may designate in written notice to the other. Norices <br /> shall be deemed received upon delivery if personally served, one(1) day after mailing if <br /> delivered via oveinight courier, or two (2) days after the mailing date if mailed as <br /> provided above. <br /> To TA: San Mateo County Transportation Authority <br /> 1250 San Carlos Avenue <br /> P.O. Box 3006 <br /> San Carlos, CA 94070-1306 <br /> Attn: April Chan <br /> Executive Officer, Planning and Development <br /> To SPONSOR: City of Redwood City <br /> 1017 Middlefield Road <br /> Redwood City, CA 94063 <br /> Attn: Community Development Director <br /> 5.2 No Waiver. No waiver of any default or breach of any covenant of this Agreement by <br /> either party shall be implied from any omission by either party to take action on account <br /> of such default if such default persists or is repeated. No express waiver shall affect any <br /> default not specified in the waiver, and the waiver shall be operative only for the time ar <br /> extent stated. The consent or approval by either party to or of any act Uy either party <br /> requu7ng further consent or approval shall not be deemed to waive or render unnecessary <br /> consent or approval to any subsequent, similar acts. <br /> 8 <br /> San Mateo CounTy Tiunsportatiou Anthority/City of ReAwood City <br /> � Cliinate Best Exp�cae,MidpointCaltrain Shuttles . <br /> . December 17,20t2 version boileeylate <br /> 4797083.1 <br /> ATTY/AGR2013.214/SAN MATEO COUNN TRANSPORTATION AUTHORITY Page 8 of 20 <br /> REV: 11-04-13 VR <br />