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B. Upon Licensor's written consent to any assignment, this Agreement will be binding upon and <br />inure to the benefit of the parties thereto, successors, heirs, and assigns, executors, and administrators. <br />Article 10. SEVERABILITY. <br />Any provision of this Agreement which is determined by a court of competent jurisdiction to be invalid or <br />unenforceable shall be invalid or unenforceable only to the extent of such determination, which shall not <br />invalidate or otherwise render ineffective any other provision of this Agreement. <br />Article 11. NOTICES. <br />Except Licensee's commencement of work notice(s) required under Exhibit B, all other notices <br />required by this Agreement must be in writing, and (i) personally served upon the business address listed <br />below ("Notice Address"), (ii) sent overnight via express delivery by a nationally recognized overnight <br />delivery service such as Federal Express Corporation or United Parcel Service to the Notice Address, or <br />(iii) by certified mail, return receipt requested to the Notice Address. Overnight express delivery notices <br />will be deemed to be given upon receipt. Certified mail notices will be deemed to be given three (3) days <br />after deposit with the United States Postal Service. <br />If to Licensor: Union Pacific Railroad Company <br />Attn: Analyst — Real Estate Utilities (03149-74) <br />1400 Douglas Street, MS 1690 <br />Omaha, Nebraska 69179 <br />If to Licensee: CITY OF SANTA ANA <br />20 Civic Center Plaza <br />Santa Ana, California, 92701 <br />IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of <br />the date first herein written. <br />UNION PACIFIC RO�e�IY <br />By: <br />re ory am <br />ctor - Re tate Contracts <br />iCLERK OFTHlACOUNCIL <br />'�, <br />CITY OF SANTA ANA <br />By:21_.._ <br />1 <br />Name Printed: Kristine Ridge <br />Title: City Manager <br />APPROVED AS TO FORM <br />OR y�� <br />7 kA da t City f���{ rwy <br />Recommend for Approval <br />Nabil Saba, P.E. <br />Acting Executive Director <br />Public Works Agency <br />