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To District: Song Chin-Bendib <br /> Assistant Superintendent <br /> Business & Operations <br /> 14735 Juniper Street <br /> San Leandro, CA 94579 <br /> 13. MISCELLANEOUS. <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 /> 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 /> 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 /> -D. Time of Essence. Time is, and shall be, of the essence for each term <br /> and provision of this Agreement <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 /> 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 /> 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. <br /> 9 <br />