If to Grantor: City of Santa Ana
<br />20 Civic Center Plaza
<br />P.O. Box 1988
<br />Santa Ana, CA 92702
<br />Attn: Clerk of the Council
<br />If to Grantee: Souther California Edison Company
<br />2 Innovation Way, 2nd Floor
<br />Pomona, CA 91768
<br />Attn: Title and Real Estate Services
<br />or such other person or address as either party may direct in writing to the other, provided, however, that such new or
<br />different person or address shall not become effective until acknowledged in writing by the party to whom directed. Except where
<br />service is by personal delivery or by registered or certified mail, return receipt requested, service of any instrument or writing shall
<br />be deemed completed forty-eight (48) hours after deposit in a United States mail depository.
<br />Warranty of Authority: Each officer of Grantor and Grantee affixing his or her signature to this Easement warrants
<br />and represents by such signature that he or she has the full legal authority to bind his or her respective party to all of the terms,
<br />conditions, and provisions therein, that his or her respective party has the full legal right, power, capacity, and authority to enter
<br />into this Easement and perform all of its provisions and obligations, and that no other approvals or consents are necessary in
<br />connection therewith
<br />Headings: The titles and headings of Sections and Paragraphs of this Easement, as herein set forth, have been inserted
<br />for the sake of convenience only, and are not to be taken, deemed or construed to be any part of the terms, covenants or conditions
<br />of this Easement, or to control, limit or modify any of the terms, covenants or conditions hereof.
<br />Integration, Construction and Amendment: This Easement contains the entire understanding of the parties herein and
<br />supersedes any and all other written or oral understandings as to those matters contained therein, and no prior oral or written
<br />understanding shall be of any force or effect with respect to those matters covered thereby. This Easement shall be construed and
<br />interpreted with, and shall be governed and enforced in all respects according to, the laws of the State of California and as if
<br />drafted by both Grantor and Grantee. No amendment, change, or modification of this document shall be valid unless in writing,
<br />stating that it amends, changes or modifies this Easement, signed by all of the parties hereto.
<br />Successors: This easement and the provisions contained herein shall be binding upon and inure to the benefit of Grantor,
<br />Grantee, and their respective heirs, executors, administrators, personal representatives, successors, and assigns.
<br />Partial Invalidity: If any term, covenant, condition, or provision of this Easement is held by a court of competent
<br />jurisdiction to be invalid, void, illegal, or unenforceable, the remainder of the provisions hereof shall remain in full force and
<br />effect and shall in no way affect, impair, or invalidate any other terms, covenant, condition, or provision contained in this
<br />Easement.
<br />Further Assurances: Each of the parties hereto shall execute and deliver any and all additional papers, documents, and
<br />other assurances and shall do any and all acts and things reasonably necessary in connection with the performance of their
<br />obligations hereunder and to carry out the intent of the parties hereto.
<br />DSE801885542
<br />TD1558542
<br />
|