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Dec 12 2008 9: 228M Ge*c-', Goon, & Keen LLP (209 1)9451 p. ? <br /> applicable law may be walved, they are hereby waived to the end of that this Agreement <br /> may be deemed to be a valid and binding Agreement enforceable in accordance with its <br /> terms. <br /> 14. Modif6cabonal'Aareerne This agreement may not be changed or modified except <br /> by written Instrument executed by both parties. <br /> 15. No Third Party Rights. This Agreement shall not create any right in or benefit to <br /> parties other than the District and City. <br /> 16. No Waiver. The failure of either party to enforce at any time, or for any period of <br /> time, the provisions hereof shall not be construed as a waiver of such provisions or of the <br /> rights of such party to enforce each and every provision. <br /> 17. Termination. Upon City's removal of its equipment,and upon City's compliance with <br /> the other conditions of this agreement, this agreement shall terminate upon written notice <br /> by City to District of such completion. <br /> IN WITNESS WHEREOF, the parties have caused this Agreement to be executed <br /> the day and year first above written. <br /> THIS AGREEMENT shall be a covenant running with the Subject Property and shall <br /> be binding upon both District and City, their successors, heirs and assigns, Further, the <br /> District reserves the right to terminate, without cause, this Agreement upon 90 (ninety) <br /> days notice to the City. <br /> IN WITNESS WHEREOF, District and City have caused their names to be affixed. <br /> RECLAMATION DISTRICT NO. 2044 City of Stockton <br /> "DISTRICT" <br /> By <br /> Nick Marchetti, Manager Mark Ma son, Director <br /> Municipal Utilities Department <br /> Y <br /> Ala R, Coon, Secretary <br /> Executed i 2 " I t l Executed <br /> (Date) (Date) <br /> 6 <br />