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h. Westbrook shall provide insurance that is primary as respects the City, its officers, employees and volunteers. i. Maintenance of insurance by Westbrook as specified in this Agreement shall in no way be interpreted as relieving Westbrook of any responsibility whatever and Westbrook may carry, at its own expense, such additional insurance as it deems necessary. The insurer shall agree to waive all rights of subrogation against the City, its officers, officials, employees, and volunteers for losses arising from work performed by Westbrook. k. The insurer shall provide the amount ofself-insured retention and City shall have the right to deny insurance coverage if it deems the self-insured retention exceeds reasonable deduction. 13. Notices. All notices herein required shall be in writing and shall be delivered in person, by facsimile, or sent by certified mail, postage prepaid. Notices required to be given to the City shall be addressed as follows: City of Pleasanton Attention: City Engineer 123 Main Street Pleasanton, CA 94566 FAX: (925) 931-5482 Notices required to be given to Austin shall be addressed as follows: Austin Briggs Investments Attention: Charles Austin 3449 West 37`x' Avenue Vancouver, B.C., Canada V6N2V5 FAX: (604) 266-7696 Copy to, as Austin's agent: Westbrook Development Company, Inc. 4456 Black Avenue, Suite 200 Pleasanton, CA. 94566 FAX (925) 417-0146 14. Binding on Successors. This Agreement shall bind and inure to the parties hereto, including heirs, assigns, executors, administrators, and all other parties whether they succeed by operation of law or voluntary acts of Austin. 15. Modifications. This Agreement may not be modified orally or in any manner other than by written agreement of the parties.