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Easement Agreement <br />September 10, 1986 <br />Page 2 <br />Exclusiveness of Easement <br />5. The easement granted herein is not exclusive. <br />Secondary Easements <br />6. The easement granted herein includes incidental <br />rights of maintenance, repair, and replacement of the storm <br />drain, manholes, and any and all facilities incidental tv use <br />of the easement for storm drain purposes. <br />Entire Agreement <br />7. This instrument contains the entire agreement between <br />the parties relating to the rights herein granted and the <br />obligations herein assumed. Any oral representations or <br />modifications concerning this instrument shall be of no force <br />and effect excepting a subsequent modification in writing, <br />signed by the party to be charged. <br />Attorney's Fees <br />8. In the event of any controversy, claim, or dispute <br />relating to this instrument or the breach thereof, the <br />prevailing party shall be entitled to recover from the losing <br />party reasonable expenses, attorney's fees, and costs. <br />Binding Effect <br />9. This instrument shall bind and inure to the benefit <br />of the respective heirs, personal representatives and <br />successors. <br />IN WITNESS WHEREOF, the parties hereto have executed <br />this instrument the day and year first above written. <br />GRANTOR <br />~~~~. <br />Pleasanton ar age Service, Inc. <br />2512 Vineyard Avenue <br />Pleasanton, CA 94566 <br />GRANTEE <br />City of Pleasanton <br />By Jim walker, City Clerk <br />200 Old Bernal Avenue <br />