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<br />Agreement No. <br /> <br />Attn: General Manager <br /> <br />Day-to-day communications shall be directed to JPB's Chief Engineer (Tel: (650) 508- <br />7941; Fax: (650) 508-7938) and to Licensee's Joel Evora (Tel: (650) 780-7328; Fax: (650) 780- <br />7309). <br /> <br />16. Relocation of License. In the event Railroad shall at any time so require, <br />Licensee, at Licensee's expense, shall reconstruct, alter, make changes in the location of its <br />facilities on the Property, within 30 calendar days of receipt of written notice from Railroad to do <br />so or such longer period as approved by Railroad. The Railroad shall designate the location for <br />the Licensee to relocate its permit, if on property owned by Railroad. Any necessary property <br />interests shall be obtained at Licensee's sole cost and expense. Railroad shall not be responsible <br />for costs or expenses involved in relocating the Facilities, in the event the Facilities must be <br />relocated or for any other cost or inconvenience to Licensee. Licensee shall perform the <br />relocation work in a manner and at times satisfactory to Railroad. If Licensee fails to perform <br />such work, Railroad may perform the work at the expense of Licensee, which expense shall, <br />upon demand, be paid by the Licensee. The provisions of this Agreement shall apply to all work <br />Permittee performs under this Section. <br /> <br />17. Successors and Assigns. Licensee shall not assign nor sublet, in whole or in part, <br />any rights covered by this Agreement, or permit any other person, firm or corporation to use, in <br />whole or in part, any of the rights or privileges granted pursuant to this Agreement, without first <br />obtaining the written consent of the Railroad. <br /> <br />18. No Waiver. No waiver of any default or breach of any covenant of this <br />Agreement by either party shall be implied from any omission by either party to take action on <br />account of such default if such default persists or is repeated, and no express waiver shall affect <br />any default other than the default specified in the waiver, and then the waiver shall be operative <br />only for the time and to the extent stated. Waivers of any covenant, term or condition by either <br />party shall not be construed as a waiver of any subsequent breach of the same covenant, term or <br />condition. The consent or approval by either party to or of any act by either party requiring <br />further consent or approval shall not be deemed to waive or render unnecessary their consent or <br />approval to or of any subsequent similar acts. <br /> <br />19. Severability. Each provision of this Agreement is intended to be severable. If <br />any term of provision shall be determined by a court of competent jurisdiction to be illegal or <br />invalid for any reason whatsoever, such provision shall be severed from this Agreement and shall <br />not affect the validity of the remainder of this Agreement. <br /> <br />20. Attorneys' Fees. If any legal proceeding should be instituted by either of the <br />parties to enforce the terms of this Agreement or to determine the rights of the parties under this <br />Agreement, the prevailing party in the proceeding shall receive, in addition to all court costs, <br />reasonable attorneys' fees. <br /> <br />21. Condemnation. In the event all or any portion of the Property is condemned for <br />public use, Licensee shall receive compensation only in the amount awarded for the taking and <br />damaging of Licensee's Facilities. Any compensation for damages for taking the Property or <br /> <br />SamTrans/lPB Standard License Form, Rev. 7/03 <br /> <br />8 <br /> <br />1025181.7 <br />