13847 San Leandro Partners LLC MA 20230822

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than thirty (30) days, shall be a default. If within the applicable cure period, the defaulting Party fails to cure a default or fails to commence to cure and diligently pursue completion of a cure, the non -defaulting Party may terminate this Agreement or pursue any other available remedy at law or in equity. 7. Notice. Any notice or communication required or permitted to be delivered hereunder shall be made in writing and sent to the Parties at their respective addresses specified below or to such other address as the Parties may designate by written notice delivered to the other Party in accordance with this Section. All such notices shall be sent by: a. Personal delivery, in which case notice is effective upon delivery; b. Certified or registered mail, return receipt requested, in which case notice shall be deemed delivered upon receipt if delivery is confirmed by a return receipt or upon attempted delivery if delivery is refused; c. Nationally recognized overnight courier, with charges prepaid or charged to the sender's account, in which case notice is effective on delivery if delivery is confirmed by the delivery service; If to City: City of San Leandro 835 E 14tli St San Leandro, CA 94577 Attn: Public Works Director 8. Miscellaneous If to Owner: 13847 San Leandro Partners LLC PO Box 14176 Fremont, CA 94539 8.1 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. 8.2 Applicable Law. Each Party shall comply with all applicable federal, state and local laws while performing their obligations under this Agreement. The laws of the State of California shall govern this Agreement. 8.3 Venue. In the event that either 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. 8.4 Severabjli . If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. MAINTENANCE AGREEMENT BETWEEN THE CITY OF SAN LEANDRO AND 13847 SAN LEANDRO PARTNERS LLC Page 4 of 11