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DocuSign Envelope ID:21DA64AB-45D9-402D-84E1-762AFA5983F3 <br /> Old Valley Pipeline Right of Way <br /> Tracy,CA <br /> 7.1 Records and Inspection. Up until 24 months from the end of the calendar year in which <br /> this Agreement is terminated,(A)Grantor shall retain all records related to this Agreement <br /> and,(B)EMC may inspect at any time all records to confirm that the requirements of this <br /> Agreement are met. <br /> 7.2 Prior Agreements. This Agreement supersedes all prior and contemporaneous <br /> representations, agreements, understandings, and commitments between the Parties <br /> concerning the subject matter of this Agreement. <br /> 7.33 Amendments.No amendment to this Agreement is effective unless made in writing and <br /> signed by authorized representatives of all Parties. <br /> 7.4 Notices.Notices are effective when received by the recipient during the recipient's regular <br /> business hours. All notices under this Agreement must be in writing and will be deemed <br /> properly given when addressed to dw approprude Party at the address set out in the <br /> signatum page of this Agreement Each Party may change the contact iIInfannramm for <br /> notices by notice to the other Party. All such notices will be deemed to have been duly <br /> given and received upon mailing or delivery by courier or personal delivery service. <br /> Transmittal of information required by Section 2S (Agency Communications) may be <br /> made by email. <br /> 7.5 Counterparts. The exchange of counterpart signature pages between the Parties <br /> constitutes execution and delivery of this Agreement and it will not be necessary that the <br /> signatures of all Parties be contained on any one cormtierpart No Party will be bound to <br /> this Agreement unless and until all Parties have executed a counterpart Executed signature <br /> pages sent by facsimile,email scan,or otherwiw by photocopy are valid means of delivery. <br /> 7.6 Severability and Savings. If any provision (or part of a provision, as applicable)of this <br /> Agreement is determined to be invalid or unenforceable by a court or arbitrator of <br /> compeamt jurisdiction„ the invalidity or uncnforveabiI4 will not affect the other <br /> provisions of this Agreement, and all provisions not affected by such invalidity or <br /> unenforceability will remain in full force and effect. The offending provision (or part of <br /> the provision,as applicable)will be modified to be valid and enforceable while achieving <br /> to the gnmtest possible extent, the economic, legal, and commercial objectives of the <br /> invalid or unenforceable provision- <br /> 7.7 Fiduciary Relationship. The Parties acknowledge and agree that EMC will not for any <br /> reason be considered to have a fiduciary relationship with Grantor. <br /> 7.8 Binding Effect This Agreement will tx-binding on and inure for the benefit of the rightful <br /> successors and permitted assigns of the Partie& <br /> 7.9 Assignment and Transfer. <br /> (A) Grantor shall promptly notify EMC of any transfer of its interest in the Property <br /> art$shall pw%ide a copy of dds Agreement to any and all handb ees_ <br /> (B) Each Party may,at any time,assign or transfer this Agreement or all or part of its <br /> rights or obligations under this Agreement to any pmu)n (natural. an entity, or <br /> otherwise)upon the other ParVs prior written consent;however,no such consent <br /> is required if the assignment or transfer is to an Affiliate or to any person that <br /> Old Valk-3,Pgxim Right of Way Tracy,CA <br /> FCC ES Law Site Access Agreement Outdoor U.S.(Rev7 July 2018) <br />