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8. LESSOR NOT A PARTY.Lessor is not a party to,and shall have no rights,obligations or duties under or in respect of,this Agreement. <br /> 9. NOTICES. Any notice or other communication under this Agreement shall be in writing and delivered in person or sent by facsimile, recognized <br /> overnight courier or registered or certified mail, return receipt requested and postage prepaid,to the applicable party at its address or facsimile number <br /> set forth on the signature page of this Agreement, or at such other address or facsimile number as any party hereto may designate as its address or <br /> facsimile number for communications under this Agreement by notice so given. Such notices shall be deemed effective on the day on which delivered or <br /> sent if delivered in person or sent by facsimile, on the first(1st)business day after the day on which sent, if sent by recognized overnight courier or on <br /> the third(3rd)business day after the day on which mailed,if sent by registered or certified mail. <br /> 10. MISCELLANEOUS.This Agreement embodies the entire Agreement between the parties relating to the subject matter hereof.This Agreement may be <br /> amended only by an agreement in writing signed by EFM and Lessee. Any provision of this Agreement which is prohibited or unenforceable in any <br /> jurisdiction shall,as to such jurisdiction,be ineffective only to the extent of such prohibition or unenforceability without invalidating the remaining provisions of <br /> this Agreement or affecting the validity or enforceability of such provisions in any other jurisdiction. This Agreement shall be binding upon and inure to the <br /> benefit of the parties hereto and their respective successors and assigns, except that Lessee may not assign, transfer or delegate any of its rights or <br /> obligations under this Agreement without the prior written consent of EFM. This Agreement shall be governed by and construed in accordance with the <br /> substantive laws of the State of Missouri(without reference to conflict of law principles). <br /> IN WITNESS WHEREOF,EFM and Lessee have executed this Maintenance Agreement as of the day and year first above written. <br /> LESSEE: City of Pleasanton EFM: Enterprise Fleet Management, Inc. <br /> By: By: Brynn Searson <br /> Title: Title: Regional Sales Manager <br /> Address: 3333 Busch Road Address: 2950 Merced Street <br /> Pleasanton,CA 94557 Suite 100 <br /> San Leandro,CA 94557 <br /> Attention: Attention: <br /> Facsimile No.: Facsimile No.: <br /> Date Signed: Date Signed <br /> Initials'. EFM Cust Page 2 <br />