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4.4 Foothill's Conditions. The conditions contained <br />in subsections 4.1, 4.2, and 4.3 above are for Foothill's <br />benefit and, if any or all of said conditions cannot be <br />satisfied, Foothill may elect to waive the condition or <br />terminate this Agreement. City agrees to use its best efforts <br />to satisfy conditions 4.1 and 4.2, but, in the event City <br />is unable to satisfy said condition(s), this Agreement shall <br />be null and void. <br />5. Pad A. City agrees that pursuant to the approval <br />granted in Case Z-81-117 and Case Z-82-160, a future building <br />to be located on Pad A having up to 8,700 square feet of <br />gross floor area, as defined in the City's zoning ordinance, <br />may be constructed, subject to the normal City approval <br />process; so long as Centerpointe has been developed and leased <br />and/or occupied in a manner which provides on-site parking at <br />the average level approved in Case Z-81-117 and Case Z-82-160. <br />6. Attorney's Fees. If either party shall bring <br />an action in law or equity, to enforce, interpret or redress <br />the breach of this Agreement, the prevailing party shall be <br />entitled to reasonable expenses and attorney's fees incurred <br />in addition to all other relief as may be allowed by law. <br />7. Notices. All notices called for pursuant to <br />this Agreement shall be given in writing by personal delivery <br />or by United States mail, and shall be deemed communicated <br />when received. Mailed notices shall be addressed as set forth <br />below, but either party may change its address by giving <br />written notice thereof to the other in accordance with the <br />provisions of this section. <br />-7- <br />