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4/23/13 16 <br />determined by the Arbitrator in the Arbitrator’s discretion. The Arbitrator’s fees and costs shall <br />be paid by the non-prevailing party as determined by the Arbitrator in his discretion. A party <br />shall be determined by the Arbitrator to be the prevailing party if its proposal for the resolution <br />of dispute is the closer to that adopted by the Arbitrator. <br />20. Miscellaneous. <br /> 20.1 Modification and Cancellation. This Agreement may be amended or canceled <br />only by the mutual written agreement of one hundred percent (100%) of the Owners of all <br />Parcels. <br /> 20.2 Integration. This Agreement, together with Exhibits A and B attached hereto and <br />incorporated herein by reference, constitutes the final agreement of the Parties with respect to the <br />subject matter hereof, and supersedes all prior oral and written agreements pertaining thereto , <br />including the drawings referenced in Section 2.1. <br /> 20.3 Non-merger. So long as City is an Owner or Lessee of any Parcel, this <br />Agreement shall not be subject to the doctrine of merger. <br /> 20.4 Duration. Unless otherwise canceled or terminated, all the easements granted in <br />this Agreement shall continue in perpetuity, and all other rights and obligations hereof shall <br />automatically terminate and be of no further force and effect upon the date that the Garage is <br />demolished. <br /> 20.5 No Implied Covenant to Operate. It is expressly agreed by the parties hereto, for <br />their own benefit and that of their successors-in-interest, that no Lessee shall be bound by this <br />Agreement to operate from its premises. <br /> 20.6 Headings. The headings herein are inserted only as a matter of convenience and <br />for reference and in no way define, limit or describe the scope or intent of this document nor in <br />any way affect the terms and provisions hereof. <br /> 20.7 Notice. Any notice, request, demand, instruction or other communication <br />required to be given hereunder shall be in writing and shall be either (a) personally delivered to <br />the party named below by a commercial messenger service regularly retaining receipts for such <br />delivery, (b) sent by registered or certified mail, return receipt requested, or (c) delivered by <br />recognized air courier services, and such notice shall be effective upon delivery thereof , and <br />shall be addressed to the party as listed below: <br />City: City of San Leandro and the City when acting in its capacity as the <br /> Parking Authority of the City of San Leandro <br /> 835 East 14th Street <br /> San Leandro, CA 94577-3767 <br /> Attention: City Manager <br /> <br /> <br />