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WIN%. 0004k <br /> addition, the insured shall provide thirty(30) days prior written notice to City of any <br /> suspension, cancellation, reduction of coverage or in limits, or voiding of the insurance <br /> coverage required by this Agreement. <br /> 9. NOTICES. All required notices shall be in writing and shall be sent by certified <br /> or registered mail,postage prepaid, addressed as follows: <br /> To Company: EMC To City: Public Works Director <br /> 228 South Street City of Pleasanton <br /> Hopkinton, MA 01748 P.O. Box 520 <br /> Attn: Real Estate Facilities Dept. Pleasanton, CA 94566 <br /> 10. NO ASSIGNMENT OF THIS AGREEMENT. This Agreement shall not be <br /> assigned or transferred without the prior written consent of the City. <br /> 11. TIME OF ESSENCE. Time is of the essence in the performance of this <br /> Agreement. No waiver by either party of the nonperformance or any breach of any term, <br /> provision, or condition of this Agreement, or any default under it shall be considered to <br /> be or operate as a waiver of any subsequent nonperformance, breach or default. <br /> 12. AMENDMENT. This Agreement may be amended or modified by the parties <br /> provided that said amendment or modification is in writing and approved by both parties. <br /> 13. ENTIRE AGREEMENT. Except as otherwise provided in the Encroachment <br /> Permit and Conditions for Encroachment Permit attached to the Encroachment Permit, <br /> this Agreement contains the entire agreement between the parties. <br /> IN WITNESS WHEREOF,the arties have executed this Agreement as of the <br /> day an/year t written above.EMC T CITY OF PLEAS NT <br /> By: By: <br /> Nelson Fialho, City Manager <br /> Title: a " <br /> V.P. GLOBAL FACILITIES ST: <br /> AND REY-;L "STATE <br /> a n G. Abraha on,fbjty—C-1e-�rgk <br /> PR CVED�A�S�TO F <br /> Michael H. Roush, City Attorney <br /> ENCROACHMENT AGREEMENT FOR FIBER OPTIC SYSTEM Page 5 of 5 <br /> CITY OF PLEASANTON AND EMC <br />