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12 <br /> <br /> San Leandro CA 94577 <br /> Attn: Economic Development Manager <br /> <br /> Owner: The Guzman Corporation <br /> Alfonso Guzman <br /> 2699 Merced St. <br /> San Leandro, CA 94577 <br /> alfonso@lapinata6.com <br /> <br /> <br />8.2 COUNTERPARTS. This Agreement may be executed in multiple <br />counterparts each of which shall be an original and all of which taken together shall <br />constitute one and the same instrument. <br />8.3 SEVERABILITY. If any term, provision, covenant or condition of this <br />Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, <br />the remainder of the provisions shall continue in full force and effect unless the rights and <br />obligations of the Parties are materially altered or abridged by such invalidation, voiding or <br />unenforceability. <br />8.4 LEGAL ACTIONS; ATTORNEYS’ FEES. In the event any legal action is <br />commenced to interpret or to enforce the terms of this Agreement or to collect damages as <br />a result of any breach thereof, the Party prevailing in any such action shall be entitled to <br />recover against the other Party all reasonable attorneys’ fees and costs incurred in such <br />action. <br />8.5 CAPTIONS; INTERPRETATION. The captions of the Sections and Articles of <br />this Agreement are for convenience only and are not intended to affect the interpretation or <br />construction of the provisions herein contained. The language of this Agreement shall be <br />construed as a whole according to its fair meaning and not strictly for or against any Party. <br />Time is of the essence in the performance of this Agreement. <br />8.6 FURTHER ASSURANCES. The Parties agree to execute, acknowledge and <br />deliver to the other such other documents and instruments, and take such other actions, as <br />either shall reasonably request as may be necessary to carry out the intent of this <br />Agreement. <br />8.7 PARTIES NOT CO-VENTURERS. Nothing in this Agreement is intended to <br />or shall establish the Parties as partners, co-venturers, or principal and agent with one <br />another. <br /> 8.8 GOVERNING LAW; VENUE. This Agreement shall in all respects be <br />construed and enforced in accordance with laws of the State of California without regard to <br />principles of conflicts of laws. The Parties consent to the jurisdiction of any federal or state <br />court in the jurisdiction in which the Premises is located (the “Property Jurisdiction”). <br />Owner agrees that any controversy arising under or in relation to this Agreement or any <br />other Loan Document shall be litigated exclusively in courts having jurisdiction in the <br />Property Jurisdiction. Owner irrevocably consents to service, jurisdiction, and venue of <br />such courts for any such litigation and waives any other venue to which it might be entitled <br />by virtue of domicile, habitual residence or otherwise. <br /> <br />DocuSign Envelope ID: FEE47689-2EFE-4EE4-BAD7-6185FD2187CD