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With a copy to.- Pacific o: Pacific Bell Telephone Company 208 S Akard Street Dallas, TX 75202 Attn: AVP/Senior Legal Counsel H. Severability. If any term or provision of this TCE Agreement shall, to any extent, be held invalid or unenforceable, the remainder of this TCE 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 TCE 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. I. 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 TCE Agreement. The singular form shall include the plural and vice versa. This TCE 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 TCE Agreement. The parties have executed this TCE Agreement as of the date signed by the CITY. CITY OF PLEASANTON M Its: Date: Approved as to Legal Form: By: GRANTOR: Pacific Bell Telephone Company, a California corporation, formerly known as and which acquired title as Pacific Telephone and Telegraph Company, a California Corporation 4 ?2L r By: Wz - Hamlet Orlosl Its: Sr. Portfolio & Transactions Manager Date: 4 I7 Attachments: 1. Property Legal Description 2. Temporary Construction Easements (2), including their Exhibits A and B 3. Street Improvement Plan, pages C1.7 and C1.8 Page 4 of 4