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Article 9. ASSIGNMENT. <br />A. Licensee shall not assign this Agreement, in whole or in part, or any rights herein granted, <br />without the written consent of Licensor, which must be requested in writing by Licensee. Any assignment <br />or attempted transfer of this Agreement or any of the rights herein granted, whether voluntary, by <br />operation of law, or otherwise, without Licenser's written consent, will be absolutely void and may result <br />in Licenser's termination of this Agreement pursuant to the "TERMINATION; REMOVAL OF <br />LICENSEE'S FACILITIES" Section of Exhibit B. <br />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 <br />invalid or unenforceable shall be invalid or unenforceable only to the extent of such determination, which <br />shall not 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"), (it) 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 (03304-17) <br />1400 Douglas Street, MS 1690 <br />Omaha, Nebraska 68179 <br />If to Licensee: CITY OF SANTA ANA <br />20 Civic Center Plaza PO Box 1988 <br />Santa Ana, California 92702 <br />IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of <br />the date first herein written. <br />UNION PACIFJC RAILROAD COMPANY <br />2 <br />stedds� 1�;�� <br />Real Estate <br />CITY OF <br />CITY OF SANTA ANA <br />Name Printed: Kristine Ridge <br />Title: City Manager <br />APPROM AS TO FORM <br />syGomez,City Clerk�)v_3 <br />IoMd M. i;i Aubunt City Attorney <br />'COMMEN O FpR APPROVAL: <br />&at � Satin <br />/�" Nabll Saba, P.E, Executive Director of Public Works <br />