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Attachment 2 <br /> Should (i) the Closing Date not occur on or berfore December 31, 2009, or (ii) <br /> Transaction Counsel receive prior to the Closing Date written notification from Seller or Seller's <br /> Counsel stating, respectively and in good faith, that the representations made in the Seller's <br /> Certificate are not true and accurate, or the opinions set forth in the Opinion of Seller's Counsel <br /> are not valid, in each case as of the Closing Date and provided that the Purchaser may, in its sole <br /> discretion, choose to waive receipt of such representations or opinions, then this agreement shall <br /> terminate and Transaction Counsel shall destroy all of the enclosed documents. <br /> Very truly yours, <br /> CITY OF PLEASANTON <br /> By: <br /> Authorized Officer <br /> Enclosures <br /> cc: Orrick, Herrington Sutcliffe LLP <br /> E -2 <br />