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<br />With copy to: <br /> <br />The Prudential Insurance Company of America <br />8 Campus Drive, 4th Floor <br />Parsippany, New Jersey 07054 <br />Attn: Greg Shanklin, Esquire <br /> <br />With copy to: <br /> <br />Harvest Properties, Inc. <br />6475 Christie Avenue, Suite 550 <br />Emeryville, CA 94608 <br />Attn: Joss Hanna <br /> <br />Such addresses may be changed by notice to the other parties given in the same <br />manner as above provided. Any notice, demand or request sent pursuant to <br />either subparagraph (a) or (b), above, shall be deemed received upon such <br />personal service or upon confirmation of receipt by electronic means. Any <br />notice, demand, or request sent pursuant to subparagraph (c), above, shall be <br />deemed received on the day scheduled for delivery following deposit with the <br />commercial mail service and, if sent pursuant to subparagraph (d), shall be <br />deemed received forty-eight (48) hours following deposit in the U.S. mail. <br /> <br />In the event any controversy, claim or dispute arising out of, or relating to, this <br />Grant of Easement or the method and manner of performance or the meaning <br />thereof or the breach thereof, the prevailing party shall be entitled, in addition to <br />any other relief, to a reasonable sum for litigation expenses, including attorneys' <br />fees, experts' and consultants fees, disbursement charges and all costs to the <br />extent approved and awarded by a court, arbitrator or other dispute resolution <br />forum. <br /> <br />IN WITNESS WHEREOF, Grantor has executed this document this <br />~ day of ~ ,2008. <br /> <br />Westport Office Park, LLC, a California <br />limited liability company <br /> <br /> <br />By: Prudential Insurance Company of <br />America, a New Jersey corporation, <br />its member <br /> <br />lL M'l Q.t()LJ kJ...~1A <br /> <br />J Lynn Chow Miller <br />Second Vice President <br />The Prudential Insurance Company <br />of America, a New Jersey <br />corporation <br /> <br />PREII0052.2159_5 <br /> <br />- 4 - <br />