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confirm establish, reestablish continue or complete the interests of Lessor in this Agreement and the Property Schedules to consummate the transactions contemplated hereby and thereby and to carry out the purposes and intentions of this Agreement and the Property Schedules 14 04 Binding Effect This Agreement shall inure to the benefit of and shall be binding upon Lessor and Lessee and their respective successors and assigns 1405 Severability In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent Junsdiction such holding shall not invalidate or render unenforceable any other provision hereof 14 06 Waiver of Jury Trials Lessee and Lessor hereby irrevocably waive all right to trial by Jury in any action proceeding or counterclaim(whether based on contract tort or otherwise)arising out of or relating to this Agreement or the actions of Lessor or Lessee in the negotiation administration performance or enforcement hereof 14 07 Amendments,Changes and Modifications This Agreement may be amended in venting by Lessor and Lessee to the extent the amendment or modification does not apply to outstanding Property Schedules at the time of such amendment or modification The consent of all assignees shall be required to any amendment or modification before such amendment or modification shall be applicable to any outstanding Property Schedule 14 08 Execution in Counterparts This Agreement and the Property Schedules hereunder may be simultaneously executed in several counterparts,each of which shall be an original and all of which shall constitute but one and the same instrument 14 09 Applicable Law This Agreement shall be governed by and construed in accordance with the laws of the State 14 10 Captions The captions or headings in this Agreement are for convenience only and in no way define limit or describe the scope or intent of any provisions or sections of this Agreement IN WITNESS WHEREOF Lessor and Lessee have caused this Agreement to be executed in their names by their duly authorized representatives as of the date first above written Lessor. U.S. Bancorp Government Lessee. City of Pleasanton Leasing and Finance, Inc. By By Name Name Title Title Attest By Name Title