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Agreement, each Party shall bear its own costs and fees for such action, suit, or proceeding. 3. Severability. Every provision of this MOU and License Agreement is intended to be severable. If any provision or the application of any provision hereof to any Party or circumstance is declared to be illegal, invalid, or unenforceable for any reason whatsoever by a court of competent jurisdiction, such invalidity shall not affect the other terms and provisions or the application of the provision in question to any other Party or circumstance, all of which shall continue in full force and effect. 4. Notice. Any notice to be provided pursuant to this MOU and License Agreement shall be in writing, and all such notices shall be delivered by email, overnight service, personal service, or by deposit in the United States mail, certified or registered, return receipt requested, with postage prepaid, and addressed to the parties as follows: To the City: City Manager City of Pleasanton P.O. Box 520 Pleasanton, CA 94566 To the District: Pleasanton Unified School District Attn: Superintendent 4665 Bernal Avenue Pleasanton, CA 94566 Notices and other documents shall be deemed delivered upon receipt by email or personal service, the day after delivery to the overnight carrier, and as of the fifth (5th) day after deposit in the United States mail. Failure to provide notice shall not waive enforcement rights under this Agreement. 5. Non-Liability of Officers and Employees. No officer or employee of the City or District shall be personally liable to either Party, or any successor in interest, in the event of any default or breach by either Party of any obligation of the terms of this MOU and License Agreement. 6. Interpretation. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in interpreting this MOU and License Agreement. 7. Waiver. No waiver of a breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this MOU and License Agreement shall be effective, unless executed in writing and signed by the Party making the waiver. No waiver of any provision of this MOU and License Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any such waiver constitute a continuing or subsequent waiver of the same provision. Failure of either Party to enforce any provision of this MOU AND License Agreement shall not constitute a waiver of the right to compel enforcement of the remaining provisions of this MOU and License Agreement. 8. Venue. The venue for any action to interpret or enforce this Agreement shall be the appropriate court in Alameda County, California. 9. Captions and Headings. The captions and headings contained in this MOU and License Agreement are provided for identification purposes only and shall not be interpreted to limit or define the content of the provisions described under the respective caption or heading. MOU AND LICENSE AGREEMENT—PUSD&CITY OF PLEASANTON RE FENCING AT FAIRLAND ES Page 5 of 8