Reso 1996-016 to 020 - Laserfiche WebLink

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4 16. ASSIGNMENT. Shell may assign this Agreement upon written approval of Seller and such approval shall not be unnecessarily withheld, but shall not be relieved thereby of any of its obligations hereunder. 17. NOTICES. Notices hereunder shall be given only by certified mail or air courier or by facsimile electronic transmission and shall be deemed given when the notice is deposited in the mail or with the air courier or facsimile electronic transmission service, postage or charges prepaid with confirmation of delivery requested, and directed to the party for whom intended at such parry's address first herein specified, or such address as such party may have substituted therefore by notice to the other. 18. SUCCESSION. This Agreement shall bind and inure to the benefit of Seller's heirs, administrators executors, successors and assigns, and Shell's successors and assigns. 19. SUBDIVISION OF PROPERTY. Seller is informed and acknowledges that Shell may subdivide the property. The terms and conditions of such a subdivision shall be addressed in the DDA. 20. GOVERNMENT DISCRETION. Shell agrees that actions to implement Seller's intent expressed in this agreement will require various notices, public hearings, findings, and actions by the Seller and the City of San Leandro ("City"). Accordingly, all statements and representations made herein are contingent upon complying with such legal processes and procedures. Shell acknowledges that Seller and the City have discretion in determining whether or not they should perform any official act, make any finding, or authorize the exercise of any particular power and this agreement shall not be construed as a limitation of that discretion. 21. RECIPROCAL EASEMENT AGREEMENT. Seller will provide Shell with a form of reciprocal easement agreement which will be the basis of negotiations with adjoining property owners, Seller and Shell. Option Agreement Page 9 of 10