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Docusign Envelope ID: 630D402A-480E-441 F-B23E-642A498E5ED5 16.10 All terms, provisions, covenants, conditions and obligations in this Agreement will survive this Agreement's expiration or termination when, by their sense or context, such provisions, covenants, conditions or obligations: (1 } cannot be observed or performed until this Agreement's expiration or earlier termination; (2) expressly so survive; or (3) reasonably should survive this Agreement's expiration or earlier termination. Notwithstanding any other provision in this Agreement, the Parties' rights to enforce any and all indemnities, representations and warranties given or made to the vision in this Agreement will not be affected by this other Party under this Agreement or any pro Agreement expiration or termination. 16.11 Only CITY or ENCROACHER may seek enforcement of this Agreement. This Agreement is not intended to (and shall not be construed to) give any third party, which includes without limitation any third party utility providers, Telecommunications Service providers, Video Service providers or ENCROACHER's customers, any right, title or interest in this Agreement or the real or personal property(ies) that may be affected by this Agreement. 16.12 ENCROACHER acknowledges that CITY is a public entity under the laws of the State of California. Furthermore, the Parties acknowledge that this Agreement constitutes a public record that CITY must publicly disclose under (i) the California Public Records Act, California Government Code§§ 6250 et seq.; (ii) Title 17, California Code of Regulations§§ 91000 et seq.; (iii) Article I,§ 3, of the California State Constitution; and (iv) any other applicable Laws that may require CITY to disclose public records. 16.13 Any claim for money damages by ENCROACHER against CITY hereunder will be subject to California Government Code §§ 810 et seq. (the "Government Claims Act"). (signatures on next page) -20- [SEC=PROTECTED]