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San Leandro Small Business Recovery Grant Program Agreement Page 4 of 6 8. Term. The term of this Agreement shall commence upon the Effective Date and shall terminate upon the later of the completion of the payment plan contained in Exhibit A, or one year following the Effective Date, unless sooner terminated as provided herein. The City may terminate this Agreement after notice to Commercial Landlord of a violation of this Agreement and a reasonable opportunity to cure the violation. In the event of termination of this Agreement due to the Commercial Landlord’s default, the Commercial Landlord shall repay the Grant Funds to the City. 9. Remedies. All remedies permitted or available under this Agreement, or at law or in equity, are cumulative and alternative, and the invocation of a right or remedy will not be construed to waive or elect a remedy with respect to any other available right or remedy. 10. Relationship of Parties. Nothing contained in this Agreement shall be construed as creating the relationship of employer and employee or principal and agent between City and the other parties or their agents or employees, and Commercial Landlord shall at all times be wholly responsible for the manner in which it or its agents, or both, perform under this Agreement. Except as City may specify in writing, Commercial Landlord shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent or to bind City to any obligation whatsoever. 11. Amendment. No modification, recession, waiver, release or amendment of any provision of this Agreement shall be made except by written agreement executed by Commercial Landlord and City. 12. Notices. All notices required to be given to City under this Agreement shall be in writing and shall be addressed as follows: Economic Development Manager City of San Leandro 835 East 14th Street San Leandro, CA 94577 All notices required to be given to Commercial Landlord under this Agreement shall be in writing and shall be addressed as follows: Stormie Leung 690 Dowling Blvd. San Leandro , CA 94577 13. Attorneys’ Fees. If a party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose. 14. Venue. In the event that any party brings any action against the other under this Agreement, the Parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of Alameda or in the United States District Court for the Northern District of California. DocuSign Envelope ID: 4771DB5D-06DD-48BD-BE62-6D6672EF5A3B