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In the event of a breach by either Party, the non - breaching party shall notify the <br /> breaching party in writing, and the breaching party shall have thirty (30) days from the <br /> date of the notice to cure said breach. If a cure is not completed within thirty days of the <br /> notice, then the non- breaching party may: <br /> (a) Cure the breach itself and charge all costs of repair or maintenance to the breaching <br /> party. If the breaching party fails to pay for the costs in.a reasonable time, then the <br /> non - breaching pang may file an action in law or in equity to recover the costs <br /> related to the repair or maintenance of the breach. <br /> (b) Bring an action in equity to compel the breaching party to cure the breach. <br /> 10. Modification: <br /> This Agreement shall be subject to modification or amendment only by the v‘Titten, <br /> mutual consent of both parties, and when necessary, the approval of the Parties' <br /> respective governing bodies. <br /> 11. Entire Agreement: <br /> It is understood that this .Agreement contains the entire agreement between the Parties <br /> and all prior understandings or agreements, oral or written of whatsoever nature <br /> regarding the rights hereby granted are superseded by this Agreement. <br /> 12. Governing Law: <br /> This Agreement shall be interpreted under the laws of the State of California. <br /> IN WITNESS WHEREOF, the parties hereto have executed this Agreement, in duplicate the <br /> day and year first above written. <br /> City of San Leandro Port : p r o and <br /> A- <br /> �� <br /> By �': %l By A — <br /> Stephen L. Hollister, City Manager ljive D irector <br /> Approved as to form: THIS AGREEMENT SHALL NOT BE <br /> VALID OR EFFECTIVE FOR ANY <br /> PURPOSE UNLESS AND UNTIL IT IS <br /> 6 Connecting Trail <br />