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<br /> 3 <br /> <br />delivery, by certified or registered mail, return receipt requested or by <br />nationally recognized overnight courier. <br />To City: Engineering Division <br /> City of San Leandro <br /> 835 East 14th Street <br /> San Leandro, CA 94577 <br /> <br /> With copy to: City Attorney <br /> City of San Leandro <br /> Meyers Nave <br /> 555 12th Street, Suite 1500 <br /> Oakland, CA 94607 <br /> To Property Owner: Frederick L & Tricia M Reichert Trust <br /> 675 Haas Ave. <br /> San Leandro, CA 94577 <br /> <br />7.2 Attorneys’ Fees. In any action at law or in equity, arbitration or other <br />proceeding arising in connection with this Agreement, the prevailing party <br />shall recover reasonable attorneys’ fees and other costs, including but not <br />limited to court costs and expert and consultants’ fees incurred in <br />connection with such action, in addition to any other relief awarded. <br />7.3 Amendments. This Agreement may be amended only by a written <br />instrument executed by the Parties hereto. <br />7.4 Severability. If any term, provision, or condition of this Agreement is <br />held by a court of competent jurisdiction to be invalid or unenforceable, <br />the remainder of this Agreement shall continue in full force and effect <br />unless the rights and obligations of the Parties have been materially altered <br />or abridged thereby. <br />7.5 Waiver. A waiver by any Party of the performance of any covenant or <br />condition herein shall not invalidate this Agreement nor shall it be <br />considered a waiver of any other covenant or condition, nor shall the delay <br />or forbearance by either party in exercising any remedy or right be <br />considered a waiver of, or an estoppel against, the later exercise of such <br />remedy or right. <br />7.6 Assignment. City may unconditionally assign this Agreement. City may <br />notify, but has no obligation to notify, Property Owner of any assignment, <br />including the name and address of the assignee. City and assignee shall be <br />jointly and severally liable for all City obligations under this Agreement. <br />Docusign Envelope ID: D86C29E6-E027-4583-9D7C-FF67B9FF847B