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6 <br /> <br /> <br />3.5 Binding on Successors and Assigns. Each and every provision of this Agreement <br />shall be binding upon and shall inure to the benefit of the respective successors and assigns of the <br />Parties, in the same manner as if such successors and assigns had been expressly named herein. <br /> <br />3.6 Governing law. This Agreement shall be governed and interpreted using the laws <br />of the State of California. Any actions brought to enforce any provisions of this Agreement shall <br />be brought in Alameda County. <br /> <br />3.7 Counterparts. This Agreement may be executed in multiple counterparts, each of <br />which so fully executed counterpart shall be deemed an original. No counterpart shall be deemed <br />to be an original or presumed delivered unless and until the counterpart executed by the other <br />Parties to this Agreement is in the physical possession of the party seeking enforcement thereof. <br /> <br />3.8 Authority to Execute. Each Party hereto expressly warrants and represents that <br />they have the authority to execute this Agreement on behalf of their organization or governmental <br />entity and warrants and represents that they have the authority to bind their entity to the <br />performance of its obligations hereunder. <br /> <br />3.9 Notices. All notices required under this Agreement shall be provided in writing to <br />the Parties as follows: <br /> <br />Organization: San Leandro Players, an Ensemble Theater Group <br />P.O. Box 3066 <br />San Leandro, CA 94578 <br /> <br /> <br />City: Library Director <br /> San Leandro Public Library <br /> 300 Estudillo Ave. <br /> San Leandro, CA 94577 <br /> 3.10 Construction of Agreement. The Parties have had an equal opportunity to review <br />and revise this Agreement. Therefore, the usual construction as to the Party drafting the <br />Agreement shall not apply. <br /> 3.11 No Waiver. Failure by a Party to insist upon strict performance of any of the <br />provisions of this Agreement by the other Party, or the failure of a Party to exercise its rights <br />upon the default of the other Party, shall not constitute a waiver of such rights. <br /> 3.12 Relationship of the Parties. The Parties entering into this Agreement do not <br />intend to create any agency, partnership, joint venture, trust, or other relationship with duties or <br />incidents different from those of parties to an arms-length contract. <br />Docusign Envelope ID: AD521F3D-2524-4D98-BA72-9AB2BF28B865