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7. Each Party represents and warrants that it has the sole right and exclusive authority <br />to execute this Agreement, and that it is the only Party or entity entitled to receive the <br />consideration specified in this Agreement, <br />8, Each Party shall be responsible for the payment of its own attorneys' fees and, <br />except as specifically set forth above, all other expenses arising out of the subject matter of this <br />Agreement and the Condemnation Action. Should any action be brought by either Patty on any <br />claim released or discharged hereby, or to enforce the terms of this Agreement, each Party shall <br />bear its own attorney's fees. <br />9. This Agreement and its terms shall inure to the benefit of the Parties and their <br />respective successors, assigns, heirs, executors and administrators. <br />10, No breach of the provisions of this Agreement can be waived except expressly and <br />in writing, An express waiver of any one breach of this Agreement shall not be deemed a waiver <br />of any other breach of the same or any other provision of this Agreement. <br />11. If any clause or provision of this Agreement is declared illegal, invalid or <br />unenforceable under present or future laws effective during the term hereof, the remainder of the <br />Agreement shall not be affected thereby and shall remain in force and effect. <br />12. Time is of the essence of this Agreement and with respect to each Party's <br />performance of the obligations set forth in paragraphs 1 and 2 above, <br />13. The Parties represent that this Agreement is a ftdly integrated agreement. This <br />Agreement may be modified only by a writing executed by both parties to this Agreement, This <br />Agreement sets forth the entire understanding between the Parties with respect to the matters <br />stated in this Agreement and supersedes any and all prior agreements or understanding. between <br />the Parties, whether oral or written. <br />14. The Parties represent and declare that, in executing this Agreement, they relied <br />solely upon their own judgmont, belief and knowledge, and that they have obtained the advice and <br />recommendations of their own independently selected counsel concerning the nature, extent or <br />duration of their rights and claims; and that they have not been influenced to any extent <br />whatsoever in executing this Agreement by any representations or statements not expressly <br />contained or referred to in this Agreement, The Parties affirm that this Agreement was jointly <br />drafted by both the CITY and 7 DAYS TIRE, and as such that any ambiguities contained herein <br />shall not be presumptively construed against either as the drafting party, <br />15. It is the intention of the Parties that laws of the State of California shall govern the <br />validity of this Agreement and construction of the terms and the interpretation of the rights and <br />duties of the artics °hereto: <br />16. This Agreement may be executed in counterparts, each of which shall be deemed <br />an original and shall be deemed duly executed upon the signing of this Agreement. <br />(aoo6a774.2 )Page 3 of 4 <br />