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