10. Attorney Fees and Costs If any suit, action, or other proceeding is instituted to enforce any <br />provision of this Agreement, the prevailing party shall be entitled to recover its costs and reasonable <br />attorney fees at trial and on appeal. <br />11. Modification This Agreement may not be modified except by a written agreement signed <br />by both parties. <br />AT &T CITY OF EUGENE <br />By By: J6,. .' <br />Title: Title: City'Manager <br />V:\USER\LidzJ\EUGENE\ATT2Lease.cin.wpd <br />Easement for Ten Years and Agreement <br />for Commercial Use of Municipal Property - 4 <br />