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7. Waivers. Waiver of a breach or default under this Agreement shall not <br /> constitute a continuing waiver or a waiver of a subsequent breach of the same or any <br /> other provision of this Agreement. <br /> 8. Time of Essence. Time is of the essence in the performance of the terms <br /> and conditions of this Agreement. <br /> 9. Termination. The Association may terminate this Agreement upon its <br /> withdrawal of its Project from consideration by the City, but must reimburse the City for <br /> all costs expended and killed up to the date of termination. <br /> 10. Suspension. With 30 days notice to the City, the Association may <br /> temporarily suspend This agreement. The Association will reimburse the City for fees and <br /> costs related to the contract with Jerry Iserson incurred up until the effective date of the <br /> suspension. <br /> IN WITNESS WHEREOF, the parties hereto have executed this Agreement the <br /> date and the year first above written. <br /> CITY OF PLEASA�TON <br /> Nelson Fialho, City Manager <br /> HACIENDA BUSINESS PARK <br /> OWNEpSSOCIATION <br /> -...11110111r <br /> By: \o. <br /> vw w *1 Gr Aft <br /> Attest: a <br /> Kare. Diaz, City rk <br /> w <br /> Approved as to form: <br /> til/ {lam/ <br /> Michael H. Roush, City Attorney <br /> Page 3 of 4 <br />