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i GRmToR: Lowma Spom%Inc. AM 11411311»36-3Aw941-1311-3e PRwcr.Ja mmm Dwn Ecomm Dewopmw aow Pn*AcT hazardous waste which requires m'digation under Federal or State law,the CITY may elect to recover its dean-up costs from those who caused or contributed to the contamination. 11.No Leases. GRANTOR warrants that there are no oral or written leases on aq or any portion of the Permanent Easement and TCE exceeding a period of one month.GRANTOR agrees to hold CITY harmless and reimburse CITY for any of its losses and expenses occasioned by reason of any lease of the Permanent Easement and TCE held by a tonant for a period exceeding one month. a 12.Pri1entbnalty DeM*4 13.Remedies for Breach. In the event of a breach of this Agreement by GRANTOR or CITY, CITY or GRANTOR,reopedlvehy,aro entitled to pursue any and a111 re rnixi1es available to It against the other party,including,without lin ion.daims for ant damages attributable to such party's broach and specific performance of this Agreement 4 14.Miscellaneous. A. Audxtty to sign:Aooroyal of CrrY GRANTOR and the sipstoriss represent and warrant that the signatories to this Agreement aro authortzed to enter Into this AWwnwt to convey real property and that no other authorizations we required to implement this Agreement on behalf of GRANTOR. GRANTOR understands that this Agreement is subject to the approval of CITY,and this Agreement shall have no efhed unless and until the CITY COUNCIL.approves t. B. Counterparts Egnaturs. This Agreement may be executed In c ountsrparts,each of which"N be an original.but ail counterparts shall constitute one agreement. TelecDpied or faxed signatures or signatures emaaNeed in a'pdr format may be used in place of original signatures on this Agreement with the sane force and et'hd as original signatures. GRANTOR and CITY Intend to be bound by the ares on telecopied,faxed or pdf documents;are aware that the other party will rely on the tolocopied.faced or pdf signatures; and hereby waive any defenses M the enforcement of the Mans of this Agreemert based on the use of a t locopie d,facsimile or pdf signature. C. E021 A Mtu. The parties have here set forth the whole of their agroir nen t. The performance of this Agreement constitutes the entire consideration for to Permanent Easement and TCE sand shell relieve CITY of all further obligations or claims on this account or on accwtint of the location,grade,construction or Operation ofthe proposed Prajoa D. jkXft an Successors aid Assigns. This Agresrn ert shall be binding on and inure to the bensM of the respective heirs,successors and assigns of the parties. E. JurhKkdw and This Agreement shall be governed by and constructed in accordeance with than laws of the State of Ca fomis. The parties consort to than jurisdiction of the California averts with venue In the County of Alameda. F. QggggMM. Each party agrees to cooperate with the other in the dosing of this transaction and,in that regard,to sign any acrd A documents which may be reasonably necessary,helpful,or appropriate to carry out the purposes and intent of this Agreeament including,but not limited to,releases or additional agreements. G. Waiver, and Modification. Any waiver, modification,consent or acquiescence with respect to any provision of this Agreement shall be sat forth in writing and duty executed by NN 4 a/t !7277232.2