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sent by reputable overnight courier shall be deemed given the day of the notice was received. Notices <br />mailed as provided in this section shall be deemed received on the third business day after the mailing <br />day. Notice of change of address shall be given in written notice in the manner detailed in this section. <br />If to FONTWERTH: Fontwerth Enterprises, LLC <br />Attn: Doreen Werthmann <br />790 Dry Creek Road <br />Campbell, CA 95008 <br />If to FONTANA: Fontana Enterprises, LLC <br />Attn: Doreen Werthmann <br />790 Dry Creek Road <br />Campbell, CA 95008 <br />9. Authority. The Parties represent and warrant to one another that no other person or <br />entity has had, nor does any other person or entity now claim, any interest in any of the interests or <br />obligations stated, covered or referred to in this Agreement; that each party hereto has the sole right and <br />exclusive authority to execute this Agreement and to receive consideration therefore; and that no party <br />hereto has sold, assigned, transferred, conveyed or otherwise disposed of any the leasehold interests or <br />obligations stated, covered or referred to in this Agreement. <br />10. Independent Review. The Parties represent to one another that they have read all of the <br />foregoing and have conferred with counsel pertaining to the same, and fully understand all of the terms <br />thereof. The Parties are each relying solely on their own judgment, belief and knowledge with regard to <br />the subject of this Agreement, and each of them acknowledge that they have not been influenced in any <br />extent whatsoever in making this Agreement by any representations or statement by any other party. This <br />Agreement is freely and voluntarily entered into. <br />11. Attorney's Fees. Each of the Parties agrees that its liability in any action or other <br />proceeding accruing by breach of this Agreement shall include not only the monetary amount of any <br />judgment which may be rendered in any action or proceeding commenced in breach of this Agreement, <br />but also other damages, costs, and expenses sustained on account of such action, whether taxable as costs <br />or otherwise, including the costs of attorney's fees, and all other necessary costs and expenses of <br />preparing the defense of defending such action or proceeding or prosecuting any claim or cross-complaint <br />therein. <br />12. Exhibits. All exhibits referred to in this Agreement are attached hereto and incorporated <br />by this reference. <br />13. Entire Agreement. This Agreement constitutes the entire agreement between the Parties <br />hereto with respect to the matters which are the subject of this agreement, and all oral representations or <br />modifications concerning this Agreement shall be of no force or effect. Agreement may not be amended, <br />altered, or modified or otherwise changed in any respect whatsoever except by a writing duly executed by <br />authorized representatives the Parties. <br />14. Severability. Should any provision of this Agreement be held invalid or illegal, such <br />illegality shall not invalidate the whole of this Agreement, but rather, this Agreement shall be construed <br />as if it did not contain the illegal part, and the remaining provisions of this Agreement shall remain in full <br />force and effect and shall be fully enforceable. <br />REV: 01-09-25 VR <br />ATTY/AGR.2026.003/Fontana Enterprises LLC (976-980 Woodside) (Page 5 of 11) <br />