PERMANENTE MEDICAL GROUP - FIRST AMENDMENT

LPFD Professional Services Agreement Page 6 Rev. 12/2023 against LPFD arising from this Agreement, the Consultant must present a written claim to LPFD as required by the Government Claims Act. 20. Construction of Language. The terms and conditions in this Agreement have been arrived at through negotiation and each party had a full and fair opportunity to review and revise this Agreement with legal counsel. Any ambiguity in this Agreement will not be resolved against either party as the drafting party. In the event of an inconsistency or conflict between the language in the body of the Agreement and an attachment hereto, the language in the body of the Agreement controls. 21. Entire Agreement; Modification. This Agreement supersedes all other agreements, whether oral or written, between the parties with respect to the Services. Any modification to this Agreement must be in writing and signed by both parties. In the event the original of this Agreement is lost or destroyed, an archival copy maintained by LPFD can be used in place of the original for all purposes with the same effect as if it was the original. 22. Notice. Notices under this Agreement must be delivered to the addresses below by deposit in the United States mail or by overnight delivery service, with postage prepaid and delivery confirmation: TO LPFD: Attention: Aaron Lacey, Deputy Chief Livermore-Pleasanton Fire Department 3560 Nevada Street Pleasanton, California 94566 TO CONSULTANT: Attention: Dr. Dhingra The Permanente Medical Group, Inc. Kaiser Permanente San Leandro Medical Center 2500 Merced Street San Leandro, CA 94563 Melissa A. Manson, Senior Counsel Permanente Medicine - The Permanente Medical Group, Inc. 1800 Harrison Street, Suite 2350 Oakland, CA 94612 23. Waiver. Failure to insist upon the strict performance of any term or conditions in this Agreement, no matter how long the failure continues, is not a waiver of the term or condition and does not bar the right to subsequently demand strict performance. To be effective, a waiver must be in writing and signed by the non-breaching party. 24. Severability. If a court of competent jurisdiction determines a provision in this Agreement is invalid, void, or unenforceable, the remaining provisions will nevertheless continue in full force and effect without being impaired in any way. Docusign Envelope ID: 7BD6423C-AD7B-4A90-8535-BB57FAA52A1EDocusign Envelope ID: 1056AD7A-5F75-8291-81D6-7251B9722F37