EAST BAY REGIONAL PARK DISTRICT - LEMOINE BYPASS PIPELINE

GRANTOR: EAST BAY REGIONAL PARK APN: PORTION OF 941-2000-63 PROJECT: Lemoine Estates Bypass Pipeline Project Page 5 of 8 necessary, helpful, or appropriate to carry out the purposes and intent of this Agreement including, but not limited to, releases or additional agreements. F. Waiver and Modification. Any waiver, modification, consent or acquiescence with respect to any provision of this Agreement shall be set forth in writing and duly executed by 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. G. 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 GRANTEE: East Bay Regional Park District City of Pleasanton 2950 Peralta Oaks Court P.O. Box 520 Oakland, CA 94605 Pleasanton, CA 94566-0802 Attn: Philip Coffin, Attn: David Bruzzone, Real Property Specialist Utilities Planning Manager H. 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. 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 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. The parties have executed this Agreement as of the date signed by the GRANTEE. CITY OF PLEASANTON EAST BAY REGIONAL PARK DISTRICT __________________________ ___________________________________ Gerry Beaudin, City Manager Sabrina Landreth, General Manager ATTEST: APPROVED AS TO FORM _________________________ _____________________________________ Jocelyn Kwong, City Clerk Jason Rosenberg, Assistant General Counsel APPROVED AS TO FORM: : _________________________ Daniel Sodergren, City Attorney Docusign Envelope ID: FC1F18B4-4491-45B3-9922-58279C679BDA