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provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of this Agreement shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereby, provided this Agreement can be reasonably and equitably continued with the remaining provisions only. 8. Entire Agreement. This Agreement contains the entire agreement of the Parties hereto with respect to the subject matter hereof, and no other agreement, statement or promise made by any party hereto or by any employee or agent of any Party hereto, which is not contained herein, shall be binding or valid. 9. Further Assurances. Each of the Parties hereto agrees, for each of them, their successors and assigns, that each Party will execute such documents, in recordable form, as maybe necessary to effectuate the provisions of this Agreement. 10. Notices. Any notice required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been given upon deposit in the U.S. mail as certified mail, return-receipt requested, postage prepaid and addressed to the relevant Party being notified at the address given below (or such other address which any Party may designate for said Party from time to time hereafter by written notice to the other Party): GRANTORS: Diana A. Lunge, Trustee, et al. 5246 Winifred Drive Castro Valley, CA 94546 GRANTEES: City of San Leandro 835 East Fourteenth Street San Leandro, CA 94577 Bryan Lucchesi, Grantor 1079 MacArthur Blvd. San Leandro, CA 94577 Victor Lucchesi, Grantor 5488 Troost Court Castro Valley, CA 94552 11. Attorneys' Fees. If the services of an attorney are required by any Party to secure the performance of this Agreement, or otherwise upon the breach or default of another Party to this Agreement, or if any judicial remedy or arbitration is necessary to enforce or interpret any provision of this Agreement or the rights and duties of any person in relation thereto, the prevailing Party shall be entitled to reasonable attorneys' fees, costs and other expenses, in addition to any other relief to which such Party maybe entitled. 12. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. (SIGNATURES FOLLOW ON NEXT PAGE) 184078.1 3 G1555-001