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7. Term of Grant and Easement: The term shall commence on the date this Grant <br /> is recorded in the Alameda County Recorder's Office and shall be perpetual unless earlier <br /> terminated by mutual written agreement of the parties. <br /> 8. General Provisions: <br /> 8.1 Entire Grant; Amendment: Except as expressly provided herein, this <br /> Grant, including all recitals, exhibits and schedules hereto, constitutes the entire agreement <br /> between the parties with respect to the subject matter hereof and supersedes any and all prior or <br /> contemporaneous understandings, negotiations, representations, promises and agreements, oral <br /> or written, by or between the parties, with respect to the subject matter hereof This Grant may <br /> be amended, modified or supplemented only by a writing signed by all parties. <br /> 8.2 Interpretation: Section headings in this Grant are for convenience of <br /> reference only and shall not affect the meaning or interpretation of any provision of this Grant. <br /> As used herein: (i) the singular shall include the plural (and vice versa) and the masculine or <br /> neuter gender shall include the feminine gender (and vice versa) where the context so requires; <br /> (ii) locative adverbs such as "herein," "hereto," "hereof," and "hereunder" shall refer to this <br /> Grant in its entirety and not to any specific section or paragraph; (iii) the terms "include," <br /> "including," and similar terms shall be construed as though followed immediately by the <br /> phrase "but not limited to;" and (iv) "shall" is mandatory and"may" is permissive. The parties <br /> have jointly participated in the negotiation and drafting of this Grant, and this Grant shall be <br /> construed fairly and equally as to the parties, without regard to any rules of construction <br /> relating to the party who drafted a particular provision of this Grant. <br /> 8.3 Governing Law: This Grant shall be governed by and construed in <br /> accordance with the laws of the State of California. <br /> 8.4 Attorneys' Fees: The prevailing party in any action or proceeding to <br /> enforce or interpret, or otherwise arising out of or relating to, this Grant or any provision <br /> thereof(including but not limited to any arbitration, trial, administrative hearing, bankruptcy or <br /> appeal) shall be entitled to recover from the other party(ies) all of its costs and expenses, <br /> including but not limited to reasonable attorneys' fees and experts' fees. <br /> 8.5 Default and Remedies: If any party defaults in the performance of any <br /> of its obligations under this Grant and such default is not cured within thirty (30) days after <br /> written notice from another party of such default or, if the nature of such default requires more <br /> than thirty(30) days to cure, within such additional period as may be required provided the <br /> defaulting party commences such cure within such thirty(30) day period and thereafter <br /> diligently completes such cure, then the non-defaulting party shall have the right, in addition to <br /> any other rights and remedies at law or in equity, to perform such obligation on behalf and at <br /> the cost of the defaulting party. Notwithstanding any provision herein to the contrary, in the <br /> event of any default, no party shall have the right to cancel, rescind or otherwise terminate this <br /> Grant in whole or in part. This Grant may be cancelled, rescinded or terminated only upon the <br /> 5 <br />