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- 15 <br /> <br />CDBG Agreement with Rebuilding Together Oakland | East Bay – FY2019-2020 <br /> <br />10.0 MISCELLANEOUS PROVISIONS <br /> <br />10.1 Notice. Any notice, demand, request, document, consent, approval, or communication either party <br />desires or is required to give to the other party or any other person shall be in writing and either served personally or <br />sent by prepaid first-class mail at his/her address as follows: <br /> <br />To the City: City of San Leandro <br /> 835 E. 14th Street <br /> San Leandro, California 94577 <br /> Attention: Community Development Director <br /> <br />To the Consultant: Rebuilding Together Oakland East Bay <br /> 525 4th Street, Suite 109 <br /> Oakland, CA 94607 <br /> Attention: Executive Director <br /> <br /> Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of <br />mailing if mailed as provided in this section. <br /> <br />10.2 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of <br />the language used and shall not be construed for or against either party by reason of the authorship of this Agreement <br />or any other rule of construction which might otherwise apply. <br /> <br />10.3 Integration; Amendment. It is understood that there are no oral agreements between the parties <br />hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, <br />arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this <br />Agreement. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in <br />writing. <br /> <br />10.4 Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or <br />sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a <br />court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, <br />sentences, clauses, paragraphs, or sections of this Agreement that are hereby declared as severable and shall be <br />interpreted to carry out the intent of the parties hereunder unless the invalid provision is so material that its invalidity <br />deprives either party of the basic benefit of their bargain or renders this Agreement meaningless. <br /> <br />10.5 Corporate Authority. The persons executing this Agreement on behalf of the parties hereby warrant <br />that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement <br />on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this <br />Agreement, and, (iv) the entering into this Agreement does not violate any provision of any other agreement to which <br />said party is bound. <br /> <br />10.6 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an <br />original and all of which together shall constitute one agreement. <br /> <br />10.7 Acknowledgement. To the extent possible, and where such expense is nominal, and in compliance <br />with all applicable laws, rules and regulations, Subrecipient shall identify in its program materials, marketing collateral, <br />or other publications that the City is the lender or grantor of funds used towards the Project identified in Exhibit A. <br /> <br /> <br />180