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9 <br />To District: Song Chin-Bendib <br /> Assistant Superintendent <br /> Business & Operations <br /> 14735 Juniper Street <br />San Leandro, CA 94579 <br /> <br />13. MISCELLANEOUS. <br /> <br />A. Joint and Several Obligation . If more than one entity is <br />designated in, or signatory to, this Agreement, the obligations hereunder imposed <br />upon the District shall be joint and several; and the term “the District” as used <br />herein shall refer to each and every of said signatory parties, severally as well as <br />jointly. <br /> <br />B. Agreements . This instrument contains all of the agreements and <br />conditions entered into and made by and between the Parties with respect to the <br />property and may not be modified orally, or in any manner, other than by an <br />agreement in writing signed by all the Parties hereto or their respective successors <br />in interest. <br /> <br />C. Conditions of Notice. Whenever, in this Agreement the approval or <br />consent of a party is required, such approval or consent must be in advance, <br />shall be in writing, and shall be executed by a person having the express authority to <br />grant such approval or consent unless the terms of this Agreement specifically allow <br />an oral approval or consent of a party. <br /> <br />D. Time of Essence. Time is, and shall be, of the essence for each term <br />and provision of this Agreement <br /> <br />E. Terms, Conditions and Covenants . Each and every term, condition, <br />covenant and provision of this Agreement is and shall be deemed to be a material <br />part of the consideration for the City's entry into this Agreement and any breach <br />hereof by the District shall be deemed to be a material breach. Each term and <br />provision of this Agreement performable by the District shall be construed to be both <br />a covenant and a condition. <br /> <br />F. Headings . The headings of the several paragraphs and sections of <br />this Agreement are inserted only as a matter of convenience and for reference and <br />in no way define, limit or describe the scope or intent of any provisions of this <br />Agreement and shall not be construed to affect in any manner the terms and <br />provisions hereof or the interpretation or construction thereof. <br /> <br />G. Severability . In the event any covenant, condition or provision <br />herein contained is held to be invalid by a court of competent jurisdiction, the <br />invalidity of any such covenant, condition or provision shall in no way affect any <br />other covenant, condition or provision herein contained, provided the invalidity of <br />any such covenant, condition or provision does not materially prejudice either the <br />City or the District in its respective rights and obligations contained in the valid <br />covenants, conditions and provisions of this Agreement.