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RES 10340
City of Pleasanton
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RES 10340
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2/25/2010 12:29:33 PM
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2/25/2010 12:28:47 PM
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CITY CLERK
CITY CLERK - TYPE
RESOLUTIONS
DOCUMENT DATE
2/16/2010
DESTRUCT DATE
PERMANENT
DOCUMENT NO
RES 10340
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Exhibit "D" <br />held by a court of competent jurisdiction to be invalid, void or unenforceable, the <br />remaining terms and provisions of this Agreement, or the application of this <br />Agreement to other situations, shall continue in full force and effect unless <br />amended or modified by mutual consent of the parties. Notwithstanding the <br />foregoing, if any material provision of this Agreement, or the application of such <br />provision to a particulaz situation, is held to be invalid, void or unenforceable, <br />either City or Developer may (in their sole and absolute discretion) terminate this <br />Agreement by providing written notice of such termination to the other party. <br />Section 12.05.Other Necessary Acts. Each party shall execute and deliver to the <br />other all such other further instruments and documents as may be reasonably <br />necessary to cazry out the Project Approvals, Subsequent Approvals and this <br />Agreement and to provide and secure to the other pazty the full and complete <br />enjoyment of its rights and privileges hereunder. <br />Section 12.06. Construction. Each reference in this Agreement to this Agreement or <br />any of the Project Approvals or Subsequent Approvals shall be deemed to refer <br />to the Agreement, Project Approval or Subsequent Approval as it may be <br />amended from time to time, whether or not the particulaz reference refers to such <br />possible amendment. This Agreement has been reviewed and revised by legal <br />counsel for both City and Developer, and no presumption or rule that ambiguities <br />shall be construed against the drafting party shall apply to the interpretation or <br />enforcement of this Agreement. <br />Section 12.07.Other Miscellaneous Terms. The singulaz shall include the plural; the <br />masculine gender shall include the feminine; "shall" is mandatory; "may" is <br />permissive. If there is more than one signer of this Agreement, the signer <br />obligations aze joint and several. <br />Section 12.08. Covenants Running with the Land. All of the provisions contained in <br />this Agreement shall be binding upon the parties and their respective heirs, <br />successors and assigns, representatives, lessees, and all other persons acquiring <br />all or a portion of the Project, or any interest therein, whether by operation of law <br />or in any manner whatsoever. All of the provisions contained in this Agreement <br />shall be enforceable as equitable servitudes and shall constitute covenants <br />running with the land pursuant to California law including, without limitation, <br />Civil Code Section 1468. Each covenant herein to act or refrain from acting is <br />for the benefit of or a burden upon the Project, as appropriate, runs with the <br />Project Site and is binding upon the owner of all or a portion of the Project Site <br />and each successive owner during its ownership of such property. <br />Section 12.09. Notices. Any notice or communication required hereunder between <br />City or Developer must be in writing, and may be given either personally, by <br />telefacsimile (with original forwazded by regulaz U.S. Mail) by registered or <br />certified mail (return receipt requested), or by Federal or other similar courier <br />promising overnight delivery. ff personally delivered, a notice shall be deemed <br />to have been given when delivered to the party to whom it is addressed. If given <br />54393\84008v3 <br />
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