EBCE-San_Leandro_EV_Charger_Site_License_Agreement_Final.pdf

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Execution Version Page 6 government requirement, civil or military authority, act of God, pandemic, act or omission of carriers or other similar causes beyond the Party's control. i. Attorneys' Fees. If either Party institutes a suit against the other for violation of or to enforce any covenant, term or condition of the Agreement, the prevailing party shall be entitled to reimbursement of all of its costs and expenses, including, without limitation, reasonable attorneys' fees. j. No Third Party Beneficiaries. The Agreement does not confer any rights or remedies on any person other than the Parties and their respective successors and permitted assigns. k. Integration; Amendments. The Agreement contains all agreements, promises and understandings between the Parties as to the subject matter of this Agreement. Any amendment, modification or other change to the Agreement shall be ineffective unless made in a writing signed by the Parties hereto. l. Counterparts. The Agreement may be executed in any number of counterparts with the same effect as if all the Parties had signed the same document. m. Construction. All documents or items attached hereto, or referred to in the Agreement, including the Property and Premises descriptions attached hereto and the exhibits incorporated herein as Exhibits A, B, C and D, are incorporated into the Agreement as fully as if stated within the body of the Agreement. Each Party has cooperated in the drafting, negotiation and preparation of the Agreement and nothing herein shall be construed against either Party on the basis of that Party being the drafter of such language. Exhibit A Property and Premises Exhibit B Maintenance and Operation Plan Exhibit C Construction Coordination Schedule Exhibit D Insurance Requirements [Signature page follows on next page.] DocuSign Envelope ID: 9A9D2499-76B9-48B0-8ECE-EF852438F252DocuSign Envelope ID: EC3D6FF2-1EAC-45AF-8666-F6EEFB410D6F