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arerrrom: 7194 JOHNOW Dave HoLomm LLC APN: 941-1311422-1 PRoAcr Jorp M DRwm Ecomomc 0rAmarum Zone PST E. j,dsdkSon and Venue. This Agreement shell be governed by and constructed in accordance with the lawn of tte SWe of Caftmia. The parties consent to the Jurisdiction of the California courts with venue in the County of AlarnWa. F. CoyDemfion. Each party agrees to cooperate with the other in the closing of flus transaction arid,in that mood,to sip any argil all docamnerb which may be masonathly necessary, helpful,or appropriate to carry out the purposee and kftt of Agreement including, Out not knited to,releases or adciitiorrat agresentents,at no material od or liability to such party. G. Wahw mW Mlogiftefion Any waiver,modiketion,conmtt or acquiescence with respect th any provision of this Agresrnsnt shall be set north In writing and duty executed by or on beethalf of the party to be Gourd thereby. No waiver by any party of any breach hereunder*M be deemed a waiver of any other or subsequent breech. H. Nodome. Any notice that either party may or is required to gime to oltw shall be in writing, i and shad be either personally delivered or sat by regular U.S.Mall,to the tDowkhp addresses: � To GRANTOR: To CITY. do Neem Ent!erprias City of Plessantan EnginewhV Depwbnent 101 Ygnac io Valley Road P.O.Box 520 Sum 450 Pleasanton,CA 94SW4)802 Hl WmA Creek,CA "M Attn:Steve Kirkpatrick, Domtar of Engineering! Attn:Tony Perin, President City Engineer 1. Severabillty t any term or provision of this Agreanent shall,to any ardent,be held invalid or urhehforreabls, this remainder of this Agreement shah not be affectsd, iso long as the economic or legal substance of the transacttow contanpiated hereby as not a fteted In any manner adveree to either party. Upon such dstenwhatim that any term or provision Is Moo or incapable of being er>foresd, the parties her shay negofte in good Wh to modify this Agneern at so as to affect the original intent of the parties as closely as possible in an acceptable marrxter to the end that transactions cronternplated hereby are fulfilled to the greatest extent passible. J. Corambon. Section hemlings we solely for the coo warderwe of the parties and ars not a part of and stab not be used to Inlwpret this Agreement. The srnrAw fen"shall include the plural and vice versa. This Agreement snail not be construed ae 9 4 had been prepared by one of ft parties, W ralho as p'both parties have prepared R. Unless otherwise W!fficrrted, all references to Sections are to this Agreement 18 p ok~on ft AAbwftpW] I i.