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REV: 08-25-25 VR <br />To YMCA-SV: ____________________________ <br />Attn: _______________________ <br />____________________________ <br />____________________________ <br />(___) ___-_____ (telephone) <br />10. Right of Possession. YMCA-SV acknowledges and agrees that the Agreement <br />shall not create any possessory rights in YMCA-SV with respect to the Property. <br />11. No Assignment. YMCA-SV shall not assign, mortgage, pledge or encumber <br />(whether voluntarily or by operation of law) the Agreement, or any of YMCA-SV’s rights or <br />obligations under this Agreement, in whole or in part, or permit the same or any portion thereof to <br />be used by others, without the prior written consent of City in each instance, and any attempted <br />assignment, mortgage, pledge or encumbrance by YMCA-SV in violation of this Section 9 shall <br />be void. <br />12. Attorney Fees. If any action is brought to enforce the provisions of this Agreement, <br />the prevailing party shall be entitled to reimbursement for all costs and attorney fees incurred in <br />such action. <br />13. Authority. YMCA-SV and City each represent and warrant to the other, as of the <br />date hereof, that (i) it has the full power and authority to enter into this Agreement and to carry out <br />the performance of the covenants and obligations contained herein; and (ii) no consent or <br />authorization of any third party is required for YMCA-SV’s or City’s execution and delivery of <br />this Agreement. <br />14. Electronic Signatures. This Agreement may be executed by electronic signature(s) <br />and transmitted either by facsimile or in a portable document format (“pdf”) version by email and <br />such electronic signature(s) shall be deemed as original for purposes of this Agreement and shall <br />have the same force and effect as a manually executed original. <br />[Signature Page Follows] <br />ATTY/AGR.2025.223/YMCA of Silicon Valley (Utility Potholing) (Page 6 of 9)