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D Certificate of Insurance MidPen and L&D Construction shall complete and file with <br /> the City prior to the City's execution of this Agreement, and prior to engaging in any <br /> operation or activity set forth in this Agreement, a Certificate of Insurance The <br /> parties may agree that other insurance provided pursuant to the Ground Lease already <br /> addresses the tequirements of this Agreement <br /> 10 Independent Contractor MidPen is an independent contractor retained by the City to <br /> perform the obligations described herein All personnel employed or entities contracted <br /> by MidPen, including L&D Construction, its subcontractors, and personnel of said <br /> contractors, are not and shall not be employees of the City <br /> I I Miscellaneous Provisions <br /> A Except as set forth in Section 8, the Parties shall not assign or transfer this <br /> Agreement without the written consent of all other Parties <br /> B If either City or MidPen waive a breach of this Agreement, such waiver shall not <br /> constitute a waiver of other or succeeding breaches of this Agreement <br /> C This Agreement constitutes the entire understanding of the parties regarding the Park <br /> Improvements This Agreement may only be modified in writing, executed by both <br /> Parties <br /> D Notices All notices required or permitted to be given under this Agreement must be <br /> in writing and mailed postage prepaid by certified or registered mail, return receipt <br /> requested, or by personal delivery or overnight courier to the appropriate address <br /> indicated below or at such other place(s) that either Party may designate in written <br /> notice to the other Notices are deemed received upon delivery if personally served, <br /> one day after mailing if delivered via overnight courier, or two days after mailing if <br /> mailed as provided above <br /> To City City of Pleasanton <br /> 123 Main Street <br /> P 0 Box 520 <br /> Pleasanton, CA 94566 <br /> Attn City Manager <br /> To MidPen MidPen Housing Corporation <br /> 303 Vintage Park Drive <br /> Suite 250 <br /> Attn Vice President Real Estate Development <br /> E Governing Law This Agreement is governed by the laws of the State of California as <br /> applied to contracts that are made and performed entirely in California <br /> II F Warranty of Authority to Execute Agreement Each Party to this Agreement <br /> represents and warrants that each person whose signature appears hereon is <br /> Page 4 of 6 <br />