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}"t <br />made or given when personally delivered, or when transmitted by facsimile, or two (2) <br />days after depositing in the United States mail with postage prepaid a certified or <br />registered letter containing such notice addressed as follows: Giustina Land & Timber <br />Co. Limited Partnership, if by mail, P. O. Box 989, Eugene, Oregon 97440; if personally <br />delivered, to 1991 West Second Avenue, Eugene, Oregon 97402; if transmitted by <br />facsimile, (503) 345-2305. City of Eugene, if by mail, 777 Pearl St., Rm. 107, Eugene, <br />Oregon 97401; if transmitted by facsimile (541) 682-6804. <br />17. Waiver. No waiver by a party hereto of any violation, default or breach of <br />this Agreement or any provision thereof shall operate as a waiver of any subsequent <br />violation, default or breach or the right to require specific performance or obtain <br />injunctive relief. <br />18. Severability. If any provision of this Agreement shall be held <br />unenforceable or invalid, such unenforceability or invalidity shall not affect the <br />enforceability or validity of any other provision of this Agreement. <br />19. Choice of Law. The validity, meaning, enforceability and effect of this <br />entire Agreement and the rights and liabilities of the parties hereto shall be determined <br />in accordance with the laws of the State of Oregon without regard to Oregon law with <br />respect to conflict of laws. <br />20. Higher Standards. In the event any provision of this Agreement imposes <br />a higher standard or duty of performance on a party than is required by any applicable <br />federal, state or local law, lawful rule or regulation now or hereafter in effect during the <br />term of this Agreement, the provisions of this Agreement shall prevail and every party <br />shall conform therewith. <br />In the event any applicable federal, state or local law, lawful rule or regulation <br />now or hereafter in effect during the term of this Agreement imposes a higher standard <br />or duty of performance on a party than is required under the provisions of this <br />Agreement, then the law, rule or regulation shall prevail and every party shall conform <br />therewith. <br />21. Entire Agreement. This Agreement constitutes the entire agreement <br />between the parties with respect to the subject matter hereof, and all prior agreements, <br />EASEMENT AGREEMENT - 6 <br />