RDA Agmt 2004 Masonic Temple Association of San Leandro

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delivered by first-class or certified mail or by overnight delivery, and (b) a transmission report is generated reflecting the accurate transmission thereof. Any notice given by facsimile shall be considered to have been received on the next business day if it is received after 5:00 p.m. recipient's time or on a nonbusiness day. To Agency: Redevelopment Agency of the City of San Leandro 835 East 14th Street San Leandro, California 94577 Attention: Business Development Manager Telephone: (510) 577-3311 Facsimile: (510) 577-3310 To Licensee: Masonic Temple Association 116 West Joaquin Avenue San Leandro, California 94577 Attention: Gene Clough Telephone: (510) 351-9876 (510) 532-3049 12. Attorneys' Fees. If either Party fails to perform any of its obligations under this Agreement, or if any dispute arises between the Parties concerning the meaning or interpretation of any provision hereof, then the prevailing party in any proceeding in connection with such dispute shall be entitled to the costs and expenses it incurs on account thereof and in enforcing or establishing its rights hereunder, including, without limitation, court costs and reasonable attorneys' fees and expenses. 13. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California without regard to principles of conflicts of laws. 14. Interpretation; Captions. The section headings used herein are solely for convenience and shall not be used to interpret this Agreement. The Parties acknowledge that this Agreement is the product of negotiation and compromise on the part of both Parties, and the Parties agree, that since both Parties have participated in the negotiation and drafting of this Agreement, this Agreement shall not be construed as G:\DEPT\Off ce of Business Development\Files RDA\Plaza\Masonic Temple\Masonic Temple License Agreement 4- revised.DOC