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4 <br /> <br />officers, employees, or agents, related to District’s performance of District’s obligations under <br />this Agreement and District’s use of the Joint Use Facilities. <br /> <br /> c. Neither City nor District shall be liable to the other for liability that arises <br />out of the sole negligence or willful misconduct of the other. <br /> <br /> 5. Assignment. Neither Party may assign its rights or delegate its duties pursuant to <br />this Agreement. <br /> <br /> 6. Previous Agreements. This Agreement supersedes and replaces all previous <br />agreements by and between City and District as pertains to the Tennis Courts. <br /> <br /> 7. Modifications. The terms and conditions of this Agreement may be modified or <br />changed only by written mutual consent of the Parties. <br /> <br /> 8. Notices. Any notice that either party desires to or is required to give to the other <br />Party or any other person shall be in writing and either served personally or sent by prepaid first- <br />class mail. Such notices shall be addressed to the other Party at the address set forth below. <br />Either Party may change its address by notifying the other Party of the change of address. Notice <br />shall be deemed communicated within seventy-two (72) hours from the date of mailing, if mailed <br />as provided in this paragraph. <br /> <br /> To CITY: To DISTRICT: <br /> Gerry Beaudin David Haglund <br /> City Manager, City of Pleasanton Superintendent, P.U.S.D. <br /> 123 Main Street 4665 Bernal Avenue <br /> Pleasanton, CA 94566 Pleasanton, CA 94566 <br /> <br /> 9. Governing Law and Venue. This Agreement is governed by the laws of the <br />State of California. Venue shall be in Alameda County, California. <br /> <br /> 10. Counterparts and Electronic Signature. This Agreement may be executed in <br />counterparts, each of which shall be deemed an original, but all of which, together, when signed <br />by all of the Parties hereto, shall constitute one and the same instrument. An electronic signature <br />shall be as valid as an original. <br /> <br /> 11. No Third-Party Rights. Nothing contained in this Agreement shall create a <br />contractual relationship with, or cause of action in favor of, any third party (that is not a party to <br />this Agreement) against either District or City. <br /> <br /> 12. Waiver. Waiver of a breach or default by a Party under this Agreement shall not <br />constitute a continuing waiver of a subsequent breach of the same or any other provision under <br />this Agreement. <br />Page 49 of 228