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<br />4 <br /> <br /> <br /> <br />To San Leandro: City of San Leandro <br />835 E. 14th Street <br />San Leandro, CA 94577 <br />Attn: Engineering and Transportation Department Director <br /> <br />To City: City of Oakland <br />Department of Transportation <br />250 Frank H. Ogawa Plaza, Suite 4314 <br />Oakland, CA 94612 <br />Attn: Director of Transportation <br /> <br />With copy to: Office of the City Attorney <br />One Frank H. Ogawa Plaza, 6th Floor <br />Oakland, CA 94612 <br />Attn: Supervising City Attorney for Real Estate <br /> <br />13. Miscellaneous. <br /> <br />a. Modification; Waiver. Any modification or amendment to this Agreement <br />shall be of no force and effect unless it is in writing and signed by the Parties. No waiver of any <br />of the provisions of this Agreement shall be deemed, or shall constitute, a waiver of any other <br />provision, whether or not similar. No waiver or consent shall constitute a continuing waiver or <br />consent to commit either party to provide a waiver in the future except to the extent specifically <br />set forth in writing. No waiver shall be binding unless executed in writing by the Party making <br />the waiver. <br /> <br />b. Section Headings. Section headings as used herein are for convenience <br />only and shall not be deemed to be a part of such section and shall not be construed to change the <br />meaning thereof. <br /> <br />c. Governing Law. The interpretation, validity, and enforcement of this <br />Agreement shall be governed by and interpreted in accordance with the laws of the State of <br />California. Any action, cause of action, lawsuit, claim, or legal proceeding of any kind related to <br />or arising under this Agreement shall be filed and heard in a court of competent jurisdiction in <br />the County of Alameda. <br /> <br />d. No Limitations on Cities’ Police (or Authorized) Powers. Nothing herein is <br />intended to, nor does, limit the San Leandro’s or Oakland’s police power, nor limit the ability of the <br />Parties, and/or their authorized agents, employees, contractors, officers, officials, representatives, <br />volunteers, and/or other third-party vendors from taking any and all actions authorized under federal, <br />state, or local law. <br /> <br />e. Exhibits. Any and all exhibits and schedules attached hereto, or to be <br />attached hereto, are hereby incorporated and made a part of this Agreement by this reference.