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5 18. Notice. All written notices or demands of any kind that any Party hereto may be required or may desire to deliver to any other Party hereto in connection with this Agreement shall be served (as an alternative to personal service) by (1) email, with receipt of such email confirmed by the recipient, or(2) by overnight mail service, with postage thereon fully prepaid as follows: To City: City'Attorney City of Lathrop 390 Towne Centre Drive Lathrop,CA 95330 To Kelley: Kanwar Kelley and Gurdip Kelley 11293 S. Manthey Road Lathrop,CA 95330 19. Attorneys' Fees and Costs. Except as otherwise provided in this Agreement,the Parties shall each bear their own attorneys'fees and costs incurred in connection with the Pending Actions. 20. Warran y and Indemnity. Each Party hereto warrants that he, she or it has not,prior to the execution of this Agreement, assigned to any other person or entity any of the claims being settled, released, and/or waived by the terms of this Agreement. If any person or entity not a Party to this Agreement hereafter makes any claim against a Party hereto, and such claim arises as a result of any assignment of the rights of any Party hereto prior to the execution of this Agreement, then such Party through whom that third Party's claim is made agrees to hold harmless and indemnify the other Parties to this Agreement against any and all losses, costs, expenses, attorneys' fees, obligations or other liability arising out of or relating to any such claims asserted by any such third party as a result of such assignment prior to the execution of this Agreement. 21. Construction. This Agreement shall not be construed more strictly against one Party than against the other by virtue of the fact that the Agreement may have been drafted or prepared by counsel for one of the Parties, it being recognized that all Parties to this Agreement have contributed substantially and materially to the preparation of this Agreement. 22. Assignment. Transfer and Notice. Rights and Obligations under the Agreement shall run with the Project Property (the "Transferred Property") to any person, entity or organization acquiring an interest or estate in such Transferred Property, including, without limitation, purchasers or ground lessees of lots, parcel or facilities on such portion of the Project Site (a "Transferee"). Parties hereby agree this Agreement shall be recorded on the Subject Property and Kelley shall be relieved of any and all obligations and rights under this Agreement only upon Kelley providing the City Notice, pursuant to the methods detailed in paragraph 18 above, both of the following. 1.) a copy of recorded Notice of Transfer and Acceptance of the Settlement Agreement in its entirety from Kelley to the Transferee(s) executed by both Kelley and Transferee(s) and 2_) Copies of recorded Grand Deed(s) or other type(s) of deed(s) evidencing transfer of ownership in the Subject Property. No Transferee shall be relieved of its rights and obligations under this Agreement unless said Transferee provides the City both 1.) A copy of recorded Notice of Transfer and Acceptance of the Settlement Agreement in its 8