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General provisions A. Assignment: binding on successors This easement runs with the land and shall be binding upon and inure to the benefit of the respective heirs, executors, administrators, personal representatives, successors and assigns of the parties hereto. B. Entire agreement: This easement constitutes the entire agreement between the parties hereto with respect to the subject matter hereof, and terminates and supersedes as of the date hereof any prior agreement(s) between the parties written or oral, concerning the same. Any subsequent modification of this easement shall be in writing and signed by both parties and their respective successor in interest. C. Severability: The invalidity of any of the provisions of this easement, or any portion thaeof, shall not affect the remaining portions hereof for any party hereto, and this Easement shall be construed as if such provision had not been inserted herein. D. Governing Law. This easement shall be governed by and construed in accordance with the laws cfthe State of California. Additional terms and conditions Grantor reserves the right to require Grantee toprotect, replace, or relocate its facilities located within the Property, subject to the terms and conditions below: E. Improvement of City of San Leandro property: the Grantor may require the Grantee to protect, remove, or replace its facilities to accommodate Grantors widening, change of grade, construction, reconstruction, maintenance, or repair of any public facility or use within the easement areaconditioned upon Grantor providing Grantee with sixty (60) days advance notice of the intended work. Without limiting the generality of this section, Grantor will endeavor to minimize the impact on Grantee to the extent reasonably feasible. F. The Grantor shall give notice to Grantee in advance that work is to be done in the easement area. The Grantor will specify the general nature of the work, and the area in which the work will be performed. Grantee shall do all things to protect, remove, or relocate it facilities for such a period as shall be necessary to permit the Grantor to perform its work in an economical manner, and in accordance with generally recognized engineering and construction methods. All work performed by Grantee to protect remove, or relocate its facilities shall be at the sole cost and expense of the Grantee. G. If the Grantor's exercise of its rights under Sections E through G results in Grantee permanently removing or relocating its facilities, or if for any other reason Grantee permanentlyremoves or relocates it facilities, this easement will terminate and will be of no further force or effect. TO HAVE AND TO HOLD, all and singular, the rights above described unto the Grantee and the Grantee's successors and assigns forever. IN WITNESS WHEREOF, the Grantor has executed this indenture this 3 r`r day ofJuly, 2008. CITY OF SAN LEANDRO (GRANTOR) By: HN J. JERMANIS CITY MANAGER APPROVED AS TO FORM By (;iC' JAYNE WILLIAMS CITY ATTORNEY Print Name: Marian Handa, City Clerk MW 8.149 06.DOC 7/1/2008