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respect of each of their properties, generally and unconditionally, the jurisdiction of the aforesaid courts. 13. Severability. Any provisions or portions of this Agreement prohibited as unlawful or unenforceable under any applicable law of any jurisdiction shall as to such jurisdiction be ineffective without affecting other provisions of this Agreement If the provisions of such applicable law may be waived, they are hereby waived to the end of that this Agreement may be deemed to be a valid and binding Agreement enforceable in accordance with its terms . 14. Modification of Agreement This agreement may not be changed or modified except by written instrument executed by both parties . 15. No Third Party Rights . This Agreement shall not create any right in or benefit to parties other than the District and ATC. 16 . No Waiver. The failure of either party to enforce at any time, or for any period of time , the provisions hereof shall not be construed as a waiver of such provisions or of the rights of such party to enforce each and every provision , 17. Termination , Upon ATC' removal of its equipment, and upon ATC' compliance with the other conditions of this agreement, this agreement shall terminate upon written notice by ATC to District of such completion. THIS AGREEMENT shall be a covenant running with the Subject Property and shall be binding upon both District and ATG, their successors, heirs and assigns. Further, the District reserves the right to terminate , without cause, this Agreement upon 90 (ninety) days notice to the ATC . IN WITNESS WHEREOF , District and ATC have caused their names to be affixed . Reclamation District # .2044 ATC, Associates, Inc. By B Nick Marchetti , Manager Todd Hafn r . G . By AebR. Coon , Secretary Mailing Address: Mailing Address: 4_21 SO, EI Dorado St. , Suite E 1117 Lone Palm Avenue, Suite B Stockton CA 95202 Modesto . CA 95351 6 a9a .1 ciao - o � a - cna uua 17rN7CH1 mei nNH WH9P /. snn ;7 bi ., dE