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. <br /> Agreement No. • <br /> Attn: General Manager <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 /> 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 I, <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 /> 17. Successors and Assi r�is. 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 /> 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 /> 19. Severabilitv. 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 i <br /> not affect the validity of the remainder of this Agreement. i <br /> 20. Attorne s' Fees. If an le al roceedin should be instituted b either of the I <br /> �' Y g P g Y � <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 /> 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 /> SamTrans/JPB Standard License Form,Rev.7/03 g <br /> 1025181.7 <br />