DUNDER FIRST STREET PARTNERSHIPS

DocuSign Envelope ID:3D2ECC2E-C212-40D6-BF85-42B32D004E2D the right of entry for construction that each owner has granted to the City in its respective License Agreement includes a non-exclusive temporary right of entry for construction over, upon and across the portions of the Private Easement coterminous with the construction area described in each of the License Agreements. 2. License for Landscape Maintenance. The 4713 Owner and the 4725 Owner agree that the license for landscape maintenance that each owner has granted to the City in its respective License Agreement includes a non-exclusive license to enter the portions of the Private Easement coterminous with the Landscape Area to maintain the vegetation and irrigation system. 3. Indemnity and Insurance. City shall indemnify, defend and hold harmless the 4713 Owner and the 4725 Owner from any loss, claims, liability, or expenses, including reasonable attorney's fees and costs, for personal injury or death, or property damage, arising out of or in connection with the activities of City, its employees or contractors under this Agreement. 4. Notice. Any notice which either party gives to the other shall be in writing and shall be delivered personally upon the other or be sent by mail to the respective parties as follows: 4713 Dunder First Street Partnership II CITY: City Manager OWNER: 2 Mount Palomar Court City of Pleasanton San Rafael, CA 94903 123 Main Street P.O. Box 520 4725 Dunder First Street Partnership Pleasanton, CA 9456 OWNER: 4725 First Street, Suite 245 Pleasanton, CA 94566 Any party may, from time to time, designate any other address for this purpose by written notice to the other parties, given 10 business day notice. 5. Termination. Any party may terminate this Agreement at any time by providing sixty (60) days written notice to the other parties. After expiration of such 60 days, City shall: disconnect irrigation and any related electrical service to the Landscape Area; remove landscaping that was installed by City; and leave the Landscape Area as bare dirt. 6. Venue. The venue for any action to interpret or enforce this Agreement shall be the appropriate court in Alameda County, California. 7. Counterparts and Electronic Signatures. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement. Counterparts may be delivered via facsimile, electronic mail (including pdf or any electronic signature complying with U.S. federal E-Sign Act of 2000 (15 U.S. Code §7001 et seq.), Cal. Uniform Electronic Transactions Act (Cal. Civil Code 7