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<br />429628.1 6 <br />5225264.1 <br />such heading and the section or paragraph at the head of which it appears, the section or <br />paragraph, as the case may be, and not such heading, shall control. Masculine or feminine <br />pronouns shall be substituted for the neuter and vice versa, and the plural shall be <br />substituted for the singular and vice versa, in any place or places herein in which the <br />context requires. <br />16.4. The waiver by a party of any breach of any term, covenant or condition herein <br />contained shall not be deemed to be a waiver of such term, covenant or condition or of <br />any subsequent breach of the same or any other term, covenant or condition herein <br />contained. No term, covenant or condition of this agreement shall be deemed to have <br />been waived by a party unless in writing. <br />16.5. This agreement may be executed in counterparts, each of which shall <br />constitute an original and all of which taken together shall constitute one and the same <br />agreement. The Parties further agree that this agreement may be transmitted by facsimile <br />or other electronic means and that the reproduction of signatures by facsimile or other <br />electronic means will be binding as if originals. <br />16.6. This agreement shall be construed and enforced in accordance with the laws <br />of the State of California. <br />16.7. The sole beneficiaries of this agreement are the parties; no third person may <br />assert any right under it. <br />16.8. This agreement shall be construed as a whole giving its words their common <br />meanings and not strictly for or against either party as both participated in it drafting <br />with the assistance of counsel. <br />TO EFFECTUATE THIS AGREEMENT, the parties have caused their duly authorized <br />representatives to execute this agreement on the dates set forth below. <br />Zone 7: Alameda County Flood Control CITY: City of Pleasanton <br />and Water Conservation District, Zone 7 <br /> <br />By: _______________________________ By: _______________________________ <br />Valerie Pryor Gerry Beaudin <br />General Manager City Manager <br /> <br /> <br />Date: ________________________ Date: ________________________ <br />Page 13 of 846