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<br />Page 7 of 8 <br />ATTY/AGR/2022.014.04/TRI-PARTY AGREEMENT <br />REV: 01-25-2022 VR <br />documents referenced herein, contains all the parties’ agreements regarding the subject matter herein, <br />and supersedes any previous negotiations or agreements, oral or written relating thereto. This License <br />shall be construed and enforced in accordance with the laws of the State of California, without reference <br />to choice of law provisions. Any legal actions under this License shall be brought only in the Superior <br />Court of the County of San Mateo, State of California. This License shall be interpreted as though <br />prepared jointly by both parties, the parties agree that each party and its respective counsel have <br />reviewed and approved this License, and that any rule of construction to the effect that ambiguities are to <br />be resolved against the drafting party shall not apply in the interpretation of this License. This License may <br />not be altered or modified except by another writing signed by both parties. The City is an express third- <br />party beneficiary of the Temporary Roadway Access Rights under this License. <br />12. Authority to Execute License. Each person or entity executing this License on behalf of a party represents <br />and warrants that such person is duly and validly authorized to do so on behalf of the entity it purports to <br />bind and if such person or entity is a partnership, corporation or trustee, that such partnership, <br />corporation or trustee has full right and authority to enter into this License and perform all of its <br />obligations hereunder. <br />13. Electronic Signatures Provision. Electronic signatures may be used in place of original signatures on this <br />License. Each party intends to be bound by the signatures on the electronic document, is aware that the <br />other parties will rely on the electronic signatures, and hereby waives any defenses to the enforcement of <br />the terms of this License based on the use of an electronic signature. All parties must sign the document <br />electronically. <br /> <br />