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5. Release of Claims and Damages. City releases District, and District's respective authorized representatives, from any claims for damage to any person or to the premises and the buildings and other improvements on the promises that are caused by or result from City's use of the tennis courts pursuant to this Agreement. 6. Assignment. City may not assign its rights or delegate its duties pursuant to this Agreement. 7. Successors and Assigns. This Agreement shall bind the successors and assigns or the Parties hereto. 8. Previous Agreements. This Agreement supersedes and replaces all previous agreements by and between City and District as they may pertain to the use of the subject property. 9. Modifications. The terms and conditions of this Agreement may be modified or changed only by written mutual consent of the Parties. 10. Notices. Any notice that either party desires to or is required to give to the other Party or any other person shall be in writing and either served personally or sent by prepaid first class mail. Such notices shall be addressed to the other Party at the address set forth below. Either Party may change its address by notifying the other Party of the change of address. Notice shall be deemed communicated within seventy-two (72) hours from the date of mailing, if mailed as provided in this paragraph. To CITY: To DISTRICT: Nelson Fialho, City Manager Parvin Ahmadi, Superintendent City of Pleasanton Pleasanton Unified School District 123 Main Street 4665 Bernal Avenue Pleasanton, CA 94566 Pleasanton, CA 94566 11. Governing Law and Venue. This Agreement is governed by the laws of the State of California. Venue shall be in Alameda County, California. 12. Counterparts and Electronic Signature. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which, together, when signed by all of the Parties hereto, shall constitute one and the same instrument. An electronic or facsimile signature shall be as valid as an original. 13. No Third Party Rights. Nothing contained in this Agreement shall create a contractual relationship with, or cause of action in favor of, any third party (that is not a party to this Agreement) against either District or City. 14. Waiver. Waiver of a breach or default by a Party under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this Agreement. 15. Warranty of Authority. The individual executing this Agreement on behalf of a Party warrants that he/she is authorized to execute the Agreement on behalf of that Party. 16. Headings and Construction. Headings at the beginning of each paragraph and subparagraph are solely for the convenience of the Parties and are not a part of the 4