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3. Covenant Running With the Land; Binding on Successors. The Easement created under this Agreement and each term, condition and covenant contained in this Agreement constitutes a covenant running with the land and inures to the benefit of and is binding upon the Parties and their respective ' successors and assigns, including, without limitation, all subsequent owners of the Property burdened hereby or any portion thereof or interest therein. It is the intent of the Parties that the Easement granted hereby and all agreements set forth herein shall be °covenants running with the land' binding upon the Property. 4. No Barriers. Except as may be required under existing or future laws, codes, rules or regulations, Grantor shall not construct or maintain any wall, fence or barrier of any kind that impairs or impedes access to, or use of, the Easement on or adjacent to the Easement. 5. Notices. Except as otherwise specified herein, all notices to be sent pursuant to this . Agreement shall be made in writing, and sent to the Parties at their respective addresses specified below or to such other address as a Party may designate by written notice delivered to the other Parties in accordance with this Section. All such notices shall be sent by: (i) personal delivery, in which case notice is effective upon delivery; or (ii) certified or registered mail, retum receipt requested, in which case notice shall be deemed delivered on receipt if delivery is confirmed by a return receipt; or (iii) nationally recognized overnight courier, with charges prepaid or charged to the sender's account, in which case notice is effective on delivery if delivery is confirmed by the delivery service; or (iv) facsimile transmission or email, in which case notice shall be deemed delivered upon transmittal, provided that (a) a duplicate copy of the notice is promptly delivered by first -class or certified mail or by ovemight delivery, or (b) a transmission report Is generated reflecting the accurate transmission thereof. Any notice given by facsimile or email shall be considered to have 4 - been received on the next business day if it is received after 5:00 p.m. recipient's time or on a non - business day. To Grantee: City of San Leandro City Hall 835 E. 14th Street San Leandro, CA 94577 Attn: City Manager Telephone No.: (510) 577.3351 Facsimile No.: (510) 577.3340 1940528.1 2 Grant Deed for Public Right of Way Easement APN 0776 0853 027 02