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12 <br /> <br /> (c) nationally recognized overnight courier, in which case notice shall be <br />deemed delivered one (1) day after deposit with such courier; or <br /> (d) facsimile transmission, in which case notice shall be deemed delivered on <br />transmittal, provided that a transmission report is generated reflecting the accurate <br />transmission thereof. <br /> City: City of San Leandro <br /> 835 East 14th Street <br /> San Leandro CA 94577 <br /> Attn: Economic Development Manager <br /> <br /> Tenant: DTTSL, Inc. <br /> 135 Parrott Street <br /> San Leandro, CA 94577 <br /> Attn: Thomas Lawrie <br /> tommiboards@mac.com <br /> <br /> <br />7.2 COUNTERPARTS. This Agreement may be executed in multiple <br />counterparts each of which shall be an original and all of which taken togethe r shall <br />constitute one and the same instrument. <br />7.3 SEVERABILITY. If any term, provision, covenant or condition of this <br />Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, <br />the remainder of the provisions shall continue in full force and effect unless the rights and <br />obligations of the Parties are materially altered or abridged by such invalidation, voiding or <br />unenforceability. <br />7.4 LEGAL ACTIONS; ATTORNEYS’ FEES. In the event any legal action is <br />commenced to interpret or to enforce the terms of this Agreement or to collect damages as <br />a result of any breach thereof, the Party prevailing in any such action shall be entitled to <br />recover against the other Party all reasonable attorneys’ fees and costs incurred in such <br />action. <br />7.5 CAPTIONS; INTERPRETATION. The captions of the Sections and Articles of <br />this Agreement are for convenience only and are not intended to affect the inte rpretation or <br />construction of the provisions herein contained. The language of this Agreement shall be <br />construed as a whole according to its fair meaning and not strictly for or against any Party. <br />Time is of the essence in the performance of this Agreeme nt. <br />7.6 FURTHER ASSURANCES. The Parties agree to execute, acknowledge and <br />deliver to the other such other documents and instruments, and take such other actions, as <br />either shall reasonably request as may be necessary to carry out the intent of this <br />Agreement. <br />7.7 PARTIES NOT CO-VENTURERS. Nothing in this Agreement is intended to <br />or shall establish the Parties as partners, co-venturers, or principal and agent with one <br />another. <br />DocuSign Envelope ID: ACE7FE70-EFEF-4CC1-BCEF-41A2C1B71328