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I <br /> I <br /> 27. Monuments. All pipes and monuments shown on the Final Map which are destroyed or '; <br /> displaced during construction operations shall be replaced by Developer at the time of the final inspection ; <br /> of the Improvements,if any. ,� <br /> 28. Attorneys'Fees. Should any legal action or arbitration be brought by either party because ' <br /> of breach of this Agreement or to enforce any provision of this Agreement, the prevailing party shall be <br /> entitled to all costs of suit, reasonable attorneys' fees, arbitration costs and such other costs as may be ; <br /> determined by the court or arbitrator. ' <br /> 29. Notices. Any notices relating to this Agreement shall be given in writing and shall be <br /> deemed sufficiently given and served for a11 purposes when delivered personally or by generally <br /> recognized overnight courier service, or five (5) da.ys after deposit in the United States mail, certified or <br /> registered,return receipt requested,with postage prepaid,addressed as follows: <br /> To the Developer: Downtown RWC RES,LLC <br /> 270 St.Paul Street <br /> Suite 300 ' <br /> Denver,CO 80206 <br /> Attn:Paul Powers <br /> With a copy to: Campbell,Killin,Brittan&Ray,LLP <br /> 270 St.Paul Street <br /> Suite 200 <br /> Denver,CO 80206 <br /> Attn:Kevin Ray : <br /> To the City: City of Redwood City <br /> 1017 Middlefield Road <br /> Redwood City,California 94063 '' <br /> Attn:City Manager <br /> With a copy to: City of Redwood City <br /> 1017 Middlefield Road <br /> Redwood City,California 94063 <br /> Attn:City Attorney <br /> 30. Assignment bv Developer. Developer may assign its obligations under this Agreement <br /> only with the prior written approval of the City which shall not unreasonably be withheld. In connection <br /> with any such assignment, Developer and its assignee shall execute and deliver to City a written <br /> assignment and assumption agreement in a form reasonably acceptable to the City Attorney. <br /> 31. Bindin�Unon Heirs. Successors and Assigns. The terms, covenants and conditions of <br /> this Agreement shall be binding upon all heirs,successors and assigns of the parties hereto. <br /> 32. Interpretation. The word "including" shall be construed as if followed by the words <br /> "without lurritation." All e�ibits and attachments to this Agreement are incorporated by reference as <br /> though fully restated herein. This Agreement shall be interpreted as though prepared jointly by both <br /> parties. Section headings in this Agreement are for convenience only and are not intended to be used in <br /> interpreting or construing the terms,covenants or conditions contained in this Agreement. <br /> REV:0331-14 VR <br /> Page 11 of 21 <br /> ATTY/AGR.2014.045/Indigo 525 Middlefield-Improvement Agreement <br />