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13RAWW PACIFIC BELL TRAPHOW CoMPAW AF'!t: %14300-17 Amp 941430049 PRomcr d mmm DRm Eco oome DmLopmou Zona PROJRCT F. gaogeration. Each party agrees to cooperate with the other in the closing of this transaction and, In that regard,to sign any and all documents which may be reasonably necessary, helpful,or appropriate to carry out the purposes and Intent of this Agreement. G. Waiver andto[ rto . Any waiver,modification,consent or acquiescence with respect to any provision of this Agreement she$be set forth In writing and duly executed by or on behalf of the party to be bound thereby. No waiver by any party of any breach hereunder shall be deemed a waiver of any other or subsequent breach. H. Notioes. Any notice that either party may or is required to give the other shalt be to writing, and shall be either personally delivered or sent by regular U.S.Mail,to the following addresses: To GRANTOR: To CITY: PaciSc Bap Telephone Company Cky of Pleasanton Engineering Department 5001 Executive Parkway,2W158 P.O. Box 520 San Ramon, CA 94583 Pleasanton,CA 94366-0802 Attn:Portfolio Manager Attn. Steve Mlcpatrick,Director of Engamrang City Engineer With a copy to: Paciftc Bell Telephone Company 208 S Akard Street Dallas,TX 75202 Attn:AVP/Senior legal Counsel i. Severabr'tity. If any term or provision of this Agreement small,to any extent,be held invalid or unenforceable, the remainder of this Agreement shall not be affected, so long as the economic or legal of the transactions contemplated hereby Is not affected in any manner adverse to either party. Upon such determination that any tom or provision is Illegal or Incapable of being enforced.the parties hereto shag negotiate in good faith to modify this Agreement so as to effect the original went of the parties as comely ars possible in an acceptable manner to the end that transactions contemplated hereby are ftiffiled to the greatest extent possible.- J. ossible.J. Com . Section headings are solely for the convenience of the pies and are not a part of and shall not be used to interpret this Agreement. The singular form shall include the plural and vice verse. This Agreement shag not be construed as If It had been prepared by one of the parties, but rather as If both paries have prepared It Unless otherwise Indicated, all references to Sodkxw we to anis Agreemernt. [mature Pale to Follow] Pago6of7