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4 <br /> <br /> D. Attorneys’ Fees. In the event any legal proceeding is initiated by one party <br />hereto against the other in connection with this Grant of Easement, the prevailing party in such <br />proceeding shall be entitled to recover its costs and expenses (including without limitation reasonable <br />attorneys’ fees) paid or incurred in good faith. The “prevailing party,” for purposes of this Grant of <br />Easement, shall be deemed to be that party which obtains substantially the relief sought, whether by court <br />order or by award or judgment. <br /> <br /> E. Mutually Drafted Agreement. Each of the parties to this Grant of Easement has <br />been fully and competently represented by counsel of its own choosing in the negotiation and drafting of <br />this Grant of Easement. Accordingly, the parties agree that any rule of construction of contracts resolving <br />any ambiguities against the drafting party shall be inapplicable to this Grant of Easement. Further, each of <br />the parties acknowledges that it has read this entire document, including the attached exhibits, and fully <br />understands its terms and effect. <br /> <br /> F. Further Assurances. The parties to this Grant of Easement shall execute, <br />acknowledge, and deliver such additional documents or instruments as may be necessary to carry out the <br />intent of this Grant of Easement, including, but not limited to, those expressly referred to in this Grant of <br />Easement. <br /> <br /> G. Recordation. The Grantee shall record this document in the Official Records of <br />Alameda County. <br /> <br /> H. Binding. This Grant and all of the covenants contained herein shall run with the <br />land and inure to the benefit of and be binding on Grantor and Grantee and their respective successors and <br />assigns forever. <br /> <br /> I. Exhibits. The following attached exhibits are incorporated herein and made a <br />part hereof by this reference: <br /> <br />EXHIBIT A Legal Description of the Property <br />EXHIBIT B Legal Depiction of the Property <br /> <br />[SIGNATURES ON NEXT PAGE] <br />