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following deposit in the United States Mail of registered or certified mail sent to the address <br /> designated below. <br /> TO: City TO: Owners <br /> Attn: City Engineer Roger and Jane Manning <br /> 200 Old Bernal 5295 Clubhouse Drive <br /> P. O. Box 520 Pleasanton, CA 94566 -9885 <br /> Pleasanton, CA 94566 -0802 <br /> 6. SEVERABILITY. If any term of this Agreement (including any phrase, provision, covenant, <br /> or condition) is held by a court of competent jurisdiction to be invalid or unenforceable, the <br /> Agreement shall be construed as not containing that term, and the remainder of this <br /> Agreement shall remain in full force and effect; provided, however, this paragraph shall not <br /> be applied to the extent that it would result in a frustration of the parties' intent under this <br /> Agreement. <br /> 7. GOVERNING LAW, JURISDICTION, AND VENUE. The interpretation, validity, and <br /> enforcement of this Agreement shall be governed by and interpreted in accordance with the <br /> laws of the State of California. Any suit, claim, or legal proceeding of any kind related to <br /> this Agreement shall be filed and heard in a court of competent jurisdiction in the County of <br /> Alameda. <br /> 8. ATTORNEY'S FEES. In the event any legal action is commenced to enforce this <br /> Agreement, the prevailing party is entitled to reasonable attomey's fees, costs, and expenses <br /> incurred. <br /> 9. OBLIGATIONS RUN WITH THE LAND. This Agreement, and any portion thereof, shall <br /> run with the land. Prior to any transfer of ownership of or title to the Premises, the Owners <br /> shall provide written notice to the City regarding the identity of the proposed new property <br /> owners, and the Owners shall provide written notice to the proposed new property owners <br /> regarding the terms of this Agreement. <br /> 10. MODIFICATIONS. This Agreement may not be modified orally or in any manner other than <br /> by an agreement in writing signed by both parties. <br /> 11. ENTIRE AGREEMENT. This Agreement, including all documents incorporated herein by <br /> reference, comprises the entire integrated understanding between the parties concerning the <br /> work described herein. This Agreement supersedes all prior negotiations, agreements, and <br /> understandings regarding this matter, whether written or oral. <br /> Page 4 of 5 <br />