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City herein, The execution of these documents and the delivery of same to Escrow Agent constitutes said <br />acceptance and approval. <br />18. Modification and Amendment. This Agreement may not be modified or amended except in writing <br />signed by the Seller and City. <br />19. Partial Invalidity. Any provision of this Agreement that is unenforceable or invalid or the conclusion of <br />which would adversely affect the validity, legality, or enforcement of this Agreement shall have no effect, but all <br />the remaining provisions of this Agreement shall remain in full force. <br />20. Captions. Captions and headings in this Agreement, including the title of this Agreement, are for <br />convenience only and are not to be considered in construing this Agreement. <br />21. Governina Law. This Agreement shall be governed by and construed in accordance with the laws of <br />the State of California. <br />22. No Reliance By One Party On The Other. Each party has received independent legal advice from its <br />attorneys with respect to the divisibility of executing this Agreement and the meaning of the provisions hereof. <br />The provisions of this Agreement shall be construed as to their fair meaning, and not for or against any party <br />based upon any attribution to such party as the source of the language in question. <br />23. No Third Party Beneficiary. This Agreement is intended to benefit only the parties hereto and no other <br />person or entity has or shall acquire any rights hereunder. <br />24. Duty To Cooperate Further. Each party hereby agrees that it shall, upon request of the other, execute <br />and deliver such further documents (in form and substance reasonably acceptable to the party to be charged) and <br />do such other acts and things as are reasonably necessary and appropriate to effectuate the terms and conditions <br />of this Agreement, without cost. <br />25. Applicability of Aareement To Assignees. This Agreement shall be binding upon and shall inure to the <br />benefit of the successors and assigns of the parties to this Agreement. <br />26. Authority to Execute Aareement, Each undersigned represents and warrants that its signature herein <br />below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, <br />and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in <br />the event that such authority or power is not, in fact, held by the signatory or is withdrawn. <br />27. Construction Contract and Curative Work. <br />(a) It is understood and agreed by and between the parties hereto in addition to the compensation shown in <br />Paragraph 3 hereinabove, the Buyer, its contractors or assigns, shall perform the following construction <br />contract items at the time of the installation of the proposed project: <br />i. Remove 460SF concrete paving <br />ii. Remove 40LF concrete planter curbing <br />iii. 2 metal bollards (auto stops) <br />iv. Remove 350SF irrigation system <br />v. Remove 350 SF landscaping <br />(b) It is understood and agreed by and between the parties hereto that the compensation paid to Seller <br />through this Agreement includes the value of the cost to remove, relocate, reconstruct and/or refurbish <br />the following improvements located on the Property: <br />Re-work irrigation system <br />Relocate gate entrance card reader