Laserfiche WebLink
• With a copy to: Meyers Nave <br /> 55512 Street, Suite 1500 <br /> Oakland, CA 94607 <br /> • <br /> • <br /> Attention: City Attorney <br /> Telephone No.: (510) 808 -2000 <br /> Facsimile No.: (510) 444 -1118 <br /> Email: jwilliams @meyersnave.com <br /> To Grantor: Stephen E. Fagalde <br /> President <br /> Scott's Restaurants <br /> 255 Third Street, Suite 102 <br /> Oakland, CA 94607 <br /> With a copy to: Conrad D. Breece <br /> Morris Polich & Purdy LLP <br /> One Embarcadero Center, Suite 400 <br /> San Francisco, CA 94111 <br /> 6. Governing Law; Venue. This Agreement shall be construed in accordance with the laws of <br /> the State of California without regard to principles of conflicts of law. Any legal action filed in connection <br /> with this Agreement shall be filed in the Superior Court of Alameda County, Califomia or in the Federal <br /> District Court for the Northern District of Califomia. <br /> 7. Severability. If any term, provision, covenant or condition contained in this Agreement is <br /> held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of this <br /> Agreement shall continue in full force and effect unless the rights and obligations of the Parties are <br /> • <br /> materially altered or abridged by such invalidation, voiding or unenforceability. <br /> 8. Indemnity. Grantee shall indemnify, defend and hold harmless Grantor from and against <br /> any and all claims, demands, liabilities, judgments, losses, costs and expenses (including reasonable <br /> attomeys' fees and expenses) arising from or related to Grantee's construction or maintenance of the <br /> Easement Including any damage to property or injury to any person, except to the extent the same are <br /> caused by Grantor's gross negligence or willful misconduct. <br /> 9. Representation. This Agreement is executed voluntarily by each of the Parties hereto, <br /> both of which have had the opportunity to obtain legal advice by independent counsel of their choice as to <br /> the content and effect of this Agreement. <br /> • <br /> 10. Authorization. Each signatory to this Agreement warrants that he or she has full <br /> authority to execute this Agreement on behalf of and thus bind the entity represented. <br /> 11. No Effect upon Grantor's Property of Floor Area Ratio Calculation. It is understood and <br /> agreed by the Parties that as a condition of Grantor's grant of easement pursuant to this Agreement the <br /> 1940528.1 3 Grant Deed for Public Right of Way Easement <br /> APN 0778 0853 027 02 <br />