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9 Time l& of the Vslenew, The partles agree that time 18 of the easerce of this <br /> Agreernent and of each and every term and provision h.rcof <br /> 10. Adarnial FAM. 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 Agreetnent or of any provision hereof, or for It doclaration of rights <br /> hereunder,the prevailing party in any such action or proceeding shall be entitled to receive <br /> fmzn the other party all costa and expenses, including reasonable attorneys'and other fm, <br /> incurred by the Prevailing party in connection with such action or proceadirig The term <br />' "Attorneys' and other fees" shall mean and include attorneys' fes, accountants` fens, and <br /> any and all other similar fees incurred to c=ectiom with the action or proceeding and <br /> PmParations therefor The term 'action or proceeding" shall niew and include actions, <br /> Pings,cults.arbitrations,appeals and other mmilar proceedings. <br />' ll. Nag Any notice, demand. request„ covenant, approval. waiver or other <br /> communication to be given by one party to thin othmus shall be given by personal service, <br /> express Inas!, Federal EVT=. DHL or any other similar form of sirborne/overmght <br /> delivery service, or mailing in the United States naiad, by certified or registered marl, <br /> PostaBe PrePald, return receipt requested, addressed to ft parties as their reapectiva <br /> addresses as set forth below (Telephone and facsimile numbers are given for informational <br />' purposes only) Any each notice shall be deemed to have been given upon reompt. Any <br /> Pay may change the address at which it desire to receive notice upon givmg written <br /> notice of such request to the other partes <br /> 1 To Safeway Sa&-way Inc. <br /> cloPro�y Development Assoctum <br /> Atte' Canals.];Facility*98-5439 <br /> 15350 S W Sequoia Pkwy,Suite 300 <br /> Portland,OR 97224 <br /> With a copy to Safeway Inc <br /> Attn 7effiry Brown <br /> 5918 Stoneridge Mall Road <br /> Pleasanton.CA 94588-3229 <br /> To Ultramar,Inc. Ultramar,Inc <br /> Atm Ktaneth R.Earnest <br /> P O Box 466 <br /> 525 West Thud Street <br /> Hanford.CA 9323240466 <br /> 12. SoiuUnctin. This Agreement shall be construed according to its fair Meaning and <br /> as having been prepared by all parties hereto Thin Agreement shall be cons rued to <br /> accord msce with and governed by the laws of the State of Cahforma. <br /> 13. dam. This Agreement may be ex.cutod m ora or nwre Wunlerpaita.all of <br /> which taken together abs!] constitute a single Agreement, and each of which aball be <br /> deemed an original of this Agreement <br /> 14. Nat= No falum or delay of either party in the exercise of any nght gives to web <br />' party hereunder shall constitute a waiver dw mf unless the time specified herein for <br /> exercise <br /> I <br /> 7 � 911.dCC <br /> IF8011tr Na 90-5439 <br /> Pie 3 of 4 SUNIMft CA <br />