FIELD DOCUMENTS_2006-2007 - Laserfiche WebLink

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Access Agreement 11. Cooperation with Field Activities Property Owner shall reasonably cooperate with the efforts to complete the Field Activities and shall not unreasonably withhold permission to carry out, and shall not interfere with, such activities as may be necessary for completion of the Field Activities. In scheduling the Field Activities, the Permittee shall take into consideration and attempt to accommodate the Property Owner's business operations on the Subject Property. 12. Notices. Any and all notices or other communications required pursuant to this Agreement shall be deemed to have been duly given or made for all purposes (i) if hand delivered - on the day delivered; (ii) if sent by a nationally recognized overnight courier - on the next business day after it is sent;(iii)if sent by telephone facsimile transmission upon confirmation of delivery,or (iv)if mailed by first-class mail,postage prepaid-on the third(3rd)day after depositing in the mail,to the applicable addresses set forth above and in the case of The Bank of Stockton shall go to John Dentoni, 301 E. Miner Avenue, Stockton, California 95207 (209) 929-1433, fax (209)465-5483. 13. Modification. No alternation,modification, amendment,or waiver of this Agreement shall be valid unless it is in writing and signed by the parties hereto. 14. Attorneys' Fees. In the event either party brings legal action against the other, the prevailing party will be entitled to recover its reasonable legal costs and expenses,including attorneys,fees, for bringing and maintaining any such action. If the matter is settled prior to completion of the legal action, neither party will be considered the prevailing party each party shall bear its own legal costs and expenses. 15. Entire Agreement, This Agreement constitutes the entire agreement between Lessee and the Permittee, and supersedes all prior or contemporaneous communications, representations, or agreements,whether oral or written,with respect to the subject matter. No agreement hereafter made between the parties will be binding unless reduced to writing and signed by an authorized officer. 16. Interpretation. Property Owner and the Permittee acknowledge that this Agreement has been negotiated at arm's-length and, therefore, agree that any rule of construction of contracts resolving any ambiguities against the drafting party is waived and shall be inapplicable to this document. 17. Signature Authority, This Agreement shall be signed by duly authorized representative of the Lessee and the Permittee. Signing of this agreement shall provide evidence that the signatories were granted such authority by the respective involved parties. 18. Counterparts. This Agreement may be signed in any number of counterparts, each of which shall be an original,and all of which shall constitute one and the same Agreement. Either party hereto may execute and deliver this Agreement by transmitting an authorized signature by 43128].1 3