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ATTY/AGR/SETTLEMENTS/2023/WESTPOINT HARBOR/WESTPOINT HARBOR SETTLEMENT AGREEMENT REV: 07-26-23 VR Page 5 of 7 information and after consultation with experienced legal counsel. In the interpretation and construction of this Agreement, no account should be taken of which of the undersigned was the originator or drafter of this Agreement or of any of its specific provisions. 9) Binding Effect. This Agreement shall be binding upon and shall inure to the benefit of City, City’s Related Parties, Westpoint, and Westpoint’s Related Parties. 10) No Oral Modifications. This Agreement may not be amended, altered, modified or changed in any way whatsoever except in a writing signed by each of Westpoint and City. 11) Waiver. The waiver by any Party of any default or breach of any provision of this Agreement, or the failure to enforce any of its terms, shall not be deemed to extend to any prior, contemporaneous, or subsequent default or breach of such provision or any other provision of this Agreement. 12) Fees and Costs. Westpoint and City shall bear their own respective costs and expenses (including, but not limited to, attorneys’ fees) in connection with the (i) PRA Action, (ii) PRA Request, and (iii) this Agreement. However, the prevailing party in any legal proceeding to enforce the terms of this Agreement shall be entitled to recover its reasonably incurred legal fees and costs. 13) Choice of Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California (without regard to any conflict of laws and/or choice of law provisions or principles thereof). 14) Dispute Resolution. Any action to enforce or interpret any provisions under this Agreement shall be resolved in any competent court of law. 15) Specific Performance. The Parties to this Agreement agree that, in the event of a breach of a material term of this Agreement or threatened breach of a material term of this Agreement, the non-breaching Party may seek specific performance in any competent court of law and any such breach shall excuse the non-breaching party from any further performance under this Agreement. 16) Notice. Any notices required or permitted hereunder shall be in writing and shall be deemed to have been given when received when given by email, or three (3) business days after being placed in the United States mail, registered or certified, return receipt requested, postage prepaid, addressed as follows: Westpoint Navi S. Dhillon, Esq. Paul Hastings LLP 101 California Street, 48th Floor San Francisco, CA 94111 Email: navidhillon@paulhastings.com