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With a copy to: <br /> Livermore-Pleasanton Fire Department <br /> 3560 Nevada Street <br /> Pleasanton, CA 94566 <br /> Attn: Fire Chief <br /> Section 5. Execution in Counterparts. This Agreement may be executed in <br /> several counterparts, each of which shall be deemed an original, and all of which shall <br /> constitute but one and the same instrument. <br /> Section 6. Amendments. This Agreement may be amended by mutual <br /> agreement of the Parties, in writing. <br /> Section 7. Incorporation of Recitals and Introductory Paragraph. The <br /> Recitals contained in this Agreement and the introductory paragraph preceding the <br /> R!eci als ary hrereb y incorporaterd into thin /�grnnment as. if fully set forth herei <br /> . --- �=.- . � ��: c:..,. .:�•.. ...... �'`.j";'v'v...v..a fully forth i iii�.ii i. <br /> Section 8. No Third Party Beneficiaries. There are no third party beneficiaries <br /> under this Agreement and only the Parties expressly referenced herein shall have the <br /> right to enforce this Agreement. <br /> Section 9. Remedies. Any Party may institute an equitable action to cure, <br /> correct or remedy any default, enforce any covenant or agreement herein, enjoin any <br /> threatened or attempted violation thereof, enforce by specific performance the <br /> obligations and rights of the Parties hereto or to obtain any remedies consistent with <br /> the foregoing and the purpose of this Agreement. In no event shall any Party be <br /> entitled to monetary damages for breach of this Agreement by any other Party to this <br /> Agreement. <br /> Section 10. Severability. Should any part, term or provision of this Agreement <br /> be decided by the courts to be illegal, in conflict with any law of the State of California, or <br /> otherwise rendered unenforceable or ineffectual, the validity of the remaining parts, terms <br /> or provisions hereof shall not be affected thereby. <br /> Section 11. Waiver. Waiver of a breach or default under this Agreement shall <br /> not constitute a continuing waiver or a waiver of a subsequent breach of the same or <br /> any other provision of this Agreement. <br /> Section 12. Further Assurances. The Parties each will adopt, deliver, execute <br /> and make any and all further assurances, instruments, and resolutions as may be <br /> reasonably necessary or proper to carry out the intention or to facilitate the performance <br /> hereof and for the better assuring and confirming unto each other of the rights and <br /> benefits provided to it herein. <br /> Section 13. Governing Law. The interpretation, validity, and enforcement of <br /> this Agreement shall be governed and interpreted in accordance with the laws of the <br /> State of California. Any suit, claim, or legal proceeding of any kind related to this <br /> Revenue Sharing Agreement Page 3 of 5 <br /> 12/2018 <br />