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6.1. G. - Page 20 <br /> modified only by the written consent of the parties, evidenced by a document that <br /> has been fully executed, acknowledged and recorded in the Official Records of <br /> San Mateo County, California. <br /> 6. Waiver. No waiver of any breach of any of the terms, covenants, <br /> agreements, restrictions or conditions of this Agreement shall be construed to be <br /> a waiver of any succeeding breach of the same or other terms, covenants, <br /> agreements, restrictions or conditions. <br /> 7. Counterparts. The parties hereto agree that this Agreement may be <br /> executed in original counterparts, each of which shall be deemed an original, and <br /> said counterparts shall together constitute one and the same agreement, binding <br /> all of the parties hereto, notwithstanding that all of the parties are not signatory to <br /> the original or the same counterparts. For all purposes, including, without <br /> limitation, recordation, filing and delivery of this Agreement, duplicate unexecuted <br /> and unacknowledged pages of the counterparts may be discarded and the <br /> remaining pages assembled as one document. <br /> 8. Leqal and Equitable Relief. Each party shall have the right (but not the <br /> obligation) to prosecute any proceedings at law or in equity against the other <br /> party, or any other person or entity, violating, causing the violation, or attempting <br /> to violate or to default in the performance of any of the provisions of this <br /> Agreement. The parties agree that damages would be an inadequate remedy for <br /> violation of this Agreement by any party and, therefore, injunctive or other <br /> appropriate equitable relief shall be available to the other party. The remedies <br /> available under this Section shall include, by way of illustration but not limitation, <br /> ex parte applications for temporary restraining orders, preliminary injunctions and <br /> permanent injunctions enjoining any such violation or attempted violation or <br /> default, and actions for specific performance of this Agreement. The result of <br /> every action or omission whereby any covenant, condition or restriction herein <br /> contained is violated in whole or in part is hereby declared to be and to constitute <br /> a nuisance, and every remedy allowed by law or equity against any party, either <br /> public or private, shall be applicable against every such result and may be <br /> exercised by either party. <br /> 9. Attorneys' Fees. In the event that an action is brought by either party <br /> against the other party for the enforcement or declaration of any right or remedy <br /> in or under this Agreement or for the breach of any covenant or condition of this <br /> Agreement, the prevailing party shall be entitled to recover, and the other party <br /> agrees to pay (in addition to any other relief that may be granted) all fees and <br /> costs to be fixed by the court including, but not limited to, attorneys' fees. <br /> 10. Notices. Any notice to be given or other document to be delivered by <br /> either party to the other hereunder shall be in writing and shall be deemed to <br /> have been duly given and received (i) upon personal delivery, (ii) as of the third <br /> business day after mailing by United States registered or certified mail, return <br /> ATTY/AGR/2013.060/SBSA REDWOOD CRK EASEMENT <br /> REV: 07-10-13 VR <br /> Page 5 of 12 <br />