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party shall be entitled to receive all costs and expenses incurred in connection with such <br />action, including reasonable attorneys' fees. <br />c. Entire Agreement; No Presumption of Drafting. This Agreement <br />contains all of the terms of the agreement between the parties regarding the subject matter <br />and supersedes any other written or oral agreements. There shall be no presumption or <br />standard of construction in favor of or against either party. <br />d. Modification. This Agreement shall only be modified in a writing <br />signed by the authorized representatives of the parties. <br />e. Waiver. The failure of either party to enforce any term or <br />condition of this Agreement shall not be deemed a waiver of such term or condition. <br />f. No Dedication. Nothing in this Agreement shall be deemed a gift <br />or dedication of any portion of the Property to or for the general public. <br />g. Reservations. City reserves the right, without the consent of <br />Tenant, to grant such easements, rights or dedications that City deems necessary or to <br />cause the recordation of parcel maps. Tenant agrees to execute any documents <br />reasonably requested by the City to effectuate its rights. <br />h. Condemnation. If the Property is taken totally by condemnation, <br />this Agreement shall terminate on the date of the taking. If a portion of the Property is <br />taken by condemnation, then this Agreement shall remain in effect as to the part not <br />taken. The portion of the award attributable to the Property shall be paid to the City. The <br />portion of the award attributable to any approved improvements on the Property by <br />Tenant shall be paid to Tenant. <br />i. Nondiscrimination. Tenant shall not discriminate against any <br />person or group of persons on account of race, color, creed, religion, sex, marital status, <br />ancestry or national origin in the use of the Property under this Agreement. <br />j. Counterparts. This Agreement may be executed in one or more <br />counterparts, each of which shall be deemed an original and of which together shall <br />constitute one and the same agreement. <br />k. Notices. Any notice which either party may or is required to give <br />shall be given by hand delivery or by mailing, postage prepaid, to the addresses shown <br />below, or to such other places designated by the parties from time to time as follows: <br />Tenant: Tom Greene <br />386 Sycamore Road <br />Pleasanton, CA 94566 <br />