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28.5.5 City Actions. All approvals, consents, or other determinations permitted or
<br />required by the City under this Master License will be made by or through the City
<br />Manager of the City or his or her designee, unless otherwise provided in this Master
<br />License or by any City ordinance.
<br />28.5.6 Words of Inclusion. The use of the term "including," "such as," or words of
<br />similar import when following any general or specific term, statement, or matter may not be
<br />construed to limit the term, statement, or matter to the stated terms, statements, or matters,
<br />whether or not language of non -limitation, such as "including, but not limited to" and
<br />"including without limitation" are used. Rather, the stated term, statement, or matter will be
<br />interpreted to refer to all other items or matters that could reasonably fall within the broadest
<br />possible scope of the term, statement, or matter.
<br />28.5.7 Laws. References to all Laws, including specific statutes, relating to the
<br />rights and obligations of either party mean the Laws in effect on the Effective Date
<br />specified in the Basic License Information and as they are amended, replaced,
<br />supplemented, clarified, corrected, or superseded at any time while any obligations under
<br />this Master License or any Pole License are outstanding, whether or not foreseen or
<br />contemplated by the parties.
<br />28.6 Successors and Assigns.
<br />The terms, covenants, and conditions contained in this Master License bind and inure to
<br />the benefit of the City and Licensee and, except as otherwise provided herein, their successors
<br />and assigns.
<br />28.7 Brokers.
<br />Neither party has had any contact or dealings regarding the license of the License Area,
<br />or any communication in connection therewith, through any licensed real estate broker or other
<br />person who could claim a right to a commission or finder's fee in connection with the license
<br />contemplated herein ("Broker"), whose commission, if any is due, is to be paid pursuant to a
<br />separate written agreement between such Broker and the party through which such Broker
<br />contracted. In the event that any Broker perfects a claim for a commission or finder's fee based
<br />upon any such contact, dealings, or communication, Licensee shall indemnify the City from all
<br />Claims brought by the Broker. This Section will survive expiration or earlier termination of this
<br />Master License.
<br />28.8 Severability.
<br />If any provision of this Master License or the application thereof to any person, entity, or
<br />circumstance is invalid or unenforceable, the remainder of this Master License, or the application
<br />of such provision to persons, entities, or circumstances other than those as to which it is invalid
<br />or unenforceable, will not be affected thereby, and each provision of this Master License will be
<br />valid and be enforced to the full extent permitted by Law, except to the extent that enforcement of
<br />this Master License without the invalidated provision would be unreasonable or inequitable under
<br />all the circumstances or would frustrate a fundamental purpose of this Master License.
<br />28.9 Governing Law and Venue.
<br />This Master License must be construed and enforced in accordance with the laws of the
<br />State of California without regard to the principles of conflicts of law. This Master License is
<br />made, entered, and will be performed in the City of San Leandro. Any action concerning this
<br />Master License must be brought and heard in the state or federal courts encompassing the City
<br />of San Leandro.
<br />28.10 Entire Agreement.
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