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OR104197 TAU 18:48 FAd 583 3282 ULTRAiiAR 19004 <br /> 9, 3j= is of thg.Esse nee. The parties agree that time is of the essence of this <br /> Axn=nent and of each and every term and provision hmwf. <br /> 10. AttneaeM'Eee2. Should either party institute any action or proceeding to enforce <br /> or interpret this Agreement or any provision hereof,for damages by reason of any alleged <br /> breach of this Agreement or of any provision hereof, or for a declaration of rights <br /> hereunder,the prevailing party In any such action or proceeding shall be entity to receive <br /> from the other party all coats and expanses,including reasonable attorneys'and other*es, <br /> incurred by the prevailing party in connection with Such action or pmoavding. The term <br /> "Attorneys'and other fees" shall mean and include attorneys' fees, accountants' fees, and <br /> any and all. other similar jbw incurred in con oe ion with the action or proceeding and <br /> preparations therefor. The term "action or proceeding" shall mm aid include actions, <br /> proceedings,suits,arbitrations,appeals and other similar proceedings. <br /> 11. Nsd=• Any notice, demand, request, eoveatant, approval, waiver or other <br /> communication to be given by one party to the others shall be given by pm%oi ai service, <br /> express mail, Federal Express, DHL. or any other similar form of airborne/overnight <br /> delivery service, or mailing in the United States mail, by certffled or registered mail, <br /> postage prepaid, return receipt requested, addressed to ft parties at their respective <br /> addresses as set forth below. ('Telephone and facsimile numbers are given for informational <br /> purposes only.) Any such notice shall be deemed to have bean given upon taoMpt. Any <br /> party may change the address at which it desires to receive notke upon giving written <br /> notice of such request to the other parties. <br /> To Safeway. Safeway Inc. <br /> cloDevelopiumt Associates <br /> Attn., Counsel;Facility#98-5439 <br /> 15350 S.W.Sequoia Pkwy.,Suite 300 <br /> Portland,OR 97224 <br /> With a cagy to: Safeway Inc. <br /> Attn: ,effrey Brown <br /> 5918 Stoneridge Mall Road. <br /> Pleasanton,CA 94588-3229 <br /> To Ultramar,Inc.: Ultramar,Inc. <br /> Attn: Kenneth R.Earnest <br /> P.O.Box 466 <br /> 525'West Third Street <br /> Hanford.CA 93232.0466 <br /> 12. Com. This Agretsment shall be construed according to its fair meaning and <br /> as having beer► prepared by all parties hereto. This Agreement shall be construed in <br /> accordance with and governess by the laws of the State of California <br /> 13. Count=2ris,. This Agrc=ncnt may be executed in one or nwre counterparts,all of <br /> which taken togedw shall constitute a single Agreame nt, and each of which shall be <br /> deemed an original of this Agreement. <br /> 14. WAtyc • No failure or delay of dither party in the exercise of arty right given to such <br /> party hereunder shall constitute a waiver thavof unless the time specified herein for <br /> exercise <br /> cAcwNpdaqwp%Pgr*"w�54391ic.doc Facility No.98-5439 <br /> 79AU97 Stockton,CA <br /> Pale 3 of 4 <br />