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GRANTOR: LEISURE SPORTS, INC. APN: 941-1311-36-3 AND 941-1311.39 PROJECT: JOHNSON DRIVE ECONOMIC DEVELOPMENT ZONE PROJECT or on behalf of the party to be bound thereby. No waiver by any party of any breach hereunder shall be deemed a waiver of any other or subsequent breach. H. Notices. Any notice that either party may or is required to give the other shall be in writing, and shall be either personally delivered or sent by regular U.S. Mail, to the following addresses: To GRANTOR: To CITY: Leisure Sports, Inc. City of Pleasanton Engineering Department 225 Spring Street P.O. Box 520 Pleasanton, CA 94566 Pleasanton, CA 94566-0802 Attn: Patrick O'Brien Attn: Steve Kirkpatrick, Director of Engineering/ City Engineer I. Severability. If any term or provision of this Agreement shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement shall not be affected, so long as the economic or legal substance of the transactions contemplated hereby is not affected in any manner adverse to either party. Upon such determination that any term or provision is illegal or incapable of being enforced, the parties hereto shall negotiate in good faith to modify this Agreement so as to effect the original intent of the parties as closely as possible in an acceptable manner to the end that transactions contemplated hereby are fulfilled to the greatest extent possible. J. Construction. Section headings are solely for the convenience of the parties and are not a part of and shall not be used to interpret this Agreement. The singular form shall include the plural and vice versa. This Agreement shall not be construed as if it had been prepared by one of the parties, but rather as if both parties have prepared it. Unless otherwise indicated, all references to Sections are to this Agreement. [Signatures on the following page] Page 5 of 8 17277282.2