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To. Page 3 of 4 2006-07-12 19:16.28(GMT) 14259404897 From: Binayak Acharys <br /> 11. Applicable Law. The validity of this Agreenxrnt and of:its terms or provisions, as well as the <br /> rights and dillies(if the parties hereunder,shall be governed and interpreted in accordance with the laws <br /> Of the state where the Propertv is located without regard to the conflict of laws provisions thereof. <br /> 12, Attorneys' Fees. If any litigation is commenced between Owner and NesflC concerning this <br /> Agreement or their respective rights, d.utics, and obligations hereunder, the party prevailing in such <br /> litigation shall be entitled to its reasonable attonlcys' fees and its court costs and expenses of litigation in <br /> addition to such other relief which may be granted. <br /> 13. Notices. All. notices to be given under this Agreement shall Lie in writing and addressed to <br /> the recipient as set forth.below: <br /> Nest16: Nestk USA, Inc. <br /> 800 North Brand Boulevzu-d <br /> Glendale,California 91203-1245 <br /> Attn.: Legal Department <br /> Owner: Jerry Jenkins <br /> 320 S.Stockton Avenue <br /> Ripon,CA 951366 <br /> All notices shall be deemed effectively given: <br /> (i) when delivered, if delivered personally or by couriered mail service (such as, for <br /> example only,Pedend Express or DHL); <br /> (ii) Lhree days after such notice has been deposited in the United States mail postage <br /> prepaid, if mailed certified or registered U.S.mail.,return receipt requested;or <br /> (iii) when received by the party for 'which notice is .intended if given in any other <br /> manner. <br /> '14. Authority. The individuals signing this Agreement represent that they eine authorfA!d <br /> to execute this document,that their execution of this document shall be binding onthe <br /> parties that they represent, and that the other party hereto may rely upon such <br /> representation. <br /> IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first <br /> above written. <br /> Nestle USA,tele:. ("Nestl " e <br /> /r l�?on fir,%��✓ <br /> By:. I3y: <br /> Name: Yf,, ,fes j Ne < e <br /> Title: C- s '1,tier a /?Icm �icr <br /> 2 <br />