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DRAFT <br />FORMASSIGNMENT AND ASSUMPTIONAGREEMENT <br />10. Governing Law. This Assignment shall be governed, construed, and <br />enforced in accordance with the laws of the State of California. Any suit, action, or <br />proceeding arising out of the Assignment shall be brought in Alameda county court for <br />State claims and Federal District Court (Northern District) for solely federal law claims. <br />11. Counterparts. This Assignment may be executed in one or more <br />counterparts. All counterparts so executed shall constitute one agreement, binding on all <br />parties. <br />1N WITNESS WHEREOF, Assignor and Assignee have executed this <br />Assignment Agreement as of the date first set forth above. <br />"ASSIGNOR" <br />Kaiser Foundation Hospitals, <br />a California nonprofit public benefit <br />corporation <br />By: <br />Name <br />Title: <br />ASSIGNMENT APPROVED: <br />The City of San Leandro <br />Bv: <br />Name: Stephen L. Hollister <br />Its: City Manager <br />"ASSIGNEE" <br />r ~, <br />of <br />By: <br />Name <br />Title: <br />Page 3 of 3 <br />1427183.1 Kaiser Medical Center and Retail Project <br />Form Assignemnt and Assumption Agreement <br />