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F. ADDITIONAL PROVISIONS. <br /> 1. Modifications and Amendments. Modifications to this Agreement shall be in writing <br /> executed by the City Manager and District Superintendent, and approved by District Board <br /> of Trustees and City Council. <br /> 2. Attorneys' Fees. In the event any action, suit, or proceeding is brought for the enforcement <br /> of, or the declaration of any right or obligation pursuant to this MOU and License <br /> Agreement, or as a result of any alleged breach of any provision of this MOU and License <br /> Agreement, each Party shall bear its own costs and fees for such action, suit, or <br /> proceeding. <br /> 3. Severability. Every provision of this MOU and License Agreement is intended to be <br /> severable. If any provision or the application of any provision hereof to any Party or <br /> circumstance is declared to be illegal, invalid, or unenforceable for any reason whatsoever <br /> by a court of competent jurisdiction, such invalidity shall not affect the other terms and <br /> provisions or the application of the provision in question to any other Party or circumstance, <br /> all of which shall continue in full force and effect. <br /> 4. Notice. Any notice to be provided pursuant to this MOU and License Agreement shall be <br /> in writing, and all such notices shall be delivered by email, overnight service, personal <br /> service, or by deposit in the United States mail, certified or registered, return receipt <br /> requested, with postage prepaid, and addressed to the parties as follows: <br /> To the City: City Manager <br /> City of Pleasanton <br /> P.O. Box 520 <br /> Pleasanton, CA 94566 <br /> To the District: Pleasanton Unified School District <br /> Attn: Superintendent <br /> 4665 Bernal Avenue <br /> Pleasanton, CA 94566 <br /> Notices and other documents shall be deemed delivered upon receipt by email or personal <br /> service, the day after delivery to the overnight carrier, and as of the fifth (5th) day after <br /> deposit in the United States mail. <br /> Failure to provide notice shall not waive enforcement rights under this Agreement. <br /> 5. Non-Liability of Officers and Employees. No officer or employee of the City or District shall <br /> be personally liable to either Party, or any successor in interest, in the event of any default <br /> or breach by either Party of any obligation of the terms of this MOU and License <br /> Agreement. <br /> 6. Interpretation. Any rule of construction to the effect that ambiguities are to be resolved <br /> against the drafting party shall not apply in interpreting this MOU and License Agreement. <br /> 7. Waiver. No waiver of a breach, failure of any condition, or any right or remedy contained <br /> in or granted by the provisions of this MOU and License Agreement shall be effective, <br /> unless executed in writing and signed by the Party making the waiver. No waiver of any <br /> provision of this MOU and License Agreement shall be deemed, or shall constitute, a <br /> waiver of any other provision, whether or not similar, nor shall any such waiver constitute <br /> a continuing or subsequent waiver of the same provision. Failure of either Party to enforce <br /> any provision of this MOU and License Agreement shall not constitute a waiver of the right <br /> to compel enforcement of the remaining provisions of this MOU and License Agreement. <br /> MOU AND LICENSE AGREEMENT—PUSD&CITY OF PLEASANTON RE FENCING AT MOHR ES Page 5 of 8 <br />