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With a copy to: <br />Livermore-Pleasanton Fire Department <br />3560 Nevada Street <br />Pleasanton, CA94566 <br />Attn: Fire Chief <br />Section 5. F*ecution in Counternarts. This Agreement may be executed in several <br />counterparts, each of which shall be deemed an original, and all of which shall constitute but one <br />and the same instrument. <br />Section 6. Amendments. This Agreement may be amended by mutual agreement of the <br />Parties, in writing.\. <br />contained in this Agreement and the introductory paragraph pre&ding the <br />incorporated into this Agreement as if fully set forth herein. <br />Section 8. No Third Par(v Rgneficiaries. There are no third-party beneficiaries under <br />this Agreement and only the Parties expressly referenced herein shall have the right to enforce <br />this Agreement. <br />Section Q. Remedies. Any Party may institute an equitable action to cure, correct or <br />remedy any default, enforce any covenant or agreement herein, enjoin any threatened or <br />attempted violation thereof, enforce by specific performance the obligations and rights of the <br />Parties hereto or to obtain any remedies consistent with the foregoing and the purpose of this <br />Agreement. In no event shall any Party be entitled to monetary damages for breach of this <br />Agreement by *y other Party to this Agreement. <br />Section 10. Severahilitv. Should any part, term or provision of this Agreement be <br />decided by the courts to be illegal, in confllct with any law of the State of California, or otherwise <br />rendered unenforceable or ineffectual, the validity of the remaining parts, terms or provisions <br />hereof shall not be affected thereby. <br />Section 1 1. Waiver. Waiver of a breach or default under this Agreement shall not <br />constitute a continuing waiver or a waiver of a subsequent breach of the same or any other <br />provision of this Agreement. <br />Section la- tr'urther Assurances. The Parties each will adop! deliver, execute and make <br />any and all further assurances, instruments, and resolutions as may be reasonably necessary or proper <br />to carry out the intention or to facilitate the performance hereof and for the better assuring and <br />confirming unto each other ofthe rights and benefits provided to it herein. <br />Section 13. Governing I -w. The interpretation, validity, and enforcement of this <br />Agreement shall be governed and interpreted in accordance with the laws of the State of <br />California. Any suit, claim, or legal proceeding of any kind related to this Agreement shall <br />be filed and heard in a court of competent jurisdiction in the County of Alameda. <br />Page 3 of5 <br />The