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<br />ATTY/AGR/2017.004/TARGET CORPORATION STMMA <br />REV: 01-18-17 PR <br />Page 6 of 7 <br /> <br />16. Paragraph Headings. Paragraph headings as used herein are for convenience <br />only and will not be deemed to be a part of such paragraphs and will not be construed <br />to change the meaning thereof. <br /> <br />17. Entire Agreement. This Agreement, together with any other written document <br />referred to or contemplated by it, embody the entire agreement and understanding <br />between the parties relating to the subject matter of it. Neither this Agreement nor any <br />of its provisions may be amended, modified, waived or discharged except in a writing <br />signed by both parties. <br /> <br />18. Severability. The provisions of this Agreement shall be severable and if any <br />phrase, clause, section, subsection, paragraph, subdivision, sentence or provision is <br />adjudged invalid or unconstitutional by a court of competent jurisdiction, or the <br />applicability to any Property Owner is held invalid, this shall not affect or invalidate the <br />remainder of any phrase, clause, section, subsection, paragraph, subdivision, sentence <br />or provision of this Agreement. <br /> <br />19. Covenant Running with the Land. This Agreement will be recorded by the City in <br />the County Recorder’s Office of the County of San Mateo, California at the Property <br />Owner’s expense. The covenants and agreements contained herein shall be deemed to <br />be covenants running with Title to the land for the benefit of the City and its successors. <br /> <br />20. Release of Agreement. In the event that the City determines that the stormwater <br />treatment measures located on the Property are no longer required, then the City, at the <br />request of the Property Owner shall execute a release of this Agreement, which the <br />Property Owner shall record in the County Recorder’s Office at the Property Owner’s <br />expense. The City reserves the option to record such release of this Agreement. The <br />stormwater treatment measure(s) shall not be removed from the Property unless such a <br />release is so executed and recorded. <br /> <br />21. Effective Date and Modification. This Agreement is effective upon the date of <br />execution as stated at the beginning of this Agreement. This Agreement shall not be <br />modified except by written instrument executed by the City and the Property Owner at <br />the time of modification. Such modifications shall be effective upon the date of <br />execution and shall be recorded. <br /> <br />[Signature Page Follows] <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br />6.1.B. - Page 8