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9. TERMINATION. This Agreement shall terminate if the irrigation lines are removed <br /> or relocated. <br /> 10. TIME OF ESSENCE. Time is of the essence in the performance of this <br /> Agreement. No waiver by either party of the nonperformance or any breach of any term, <br /> provision, or condition of this Agreement, or any default under it shall be considered to be or <br /> operate as a waiver of any subsequent nonperformance, breach or default. <br /> 11. AMENDMENT. This Agreement may be amended, modified or changed by the <br /> parties provided that said amendment, modification or change is in writing and approved by both <br /> parties. <br /> 12. ENTIRE AGREEMENT. This Agreement contains the entire agreement between <br /> the parties regarding the HOA's private irrigation lines crossing the Right of Way and EVA. <br /> IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and <br /> year first written above. <br /> CITY OF PLEA HOA <br /> Hatsushi Estates Home wners Association <br /> Nelson Fialho, City anager By: l kC(;t`2tkO ‘•tity -1CU 1 t <br /> Its: N'Q i L 0-1- <br /> ATTEST: <br /> r. <br /> 1 /11 1. <br /> are. P iaz, Cit r Jeri <br /> I <br /> APPROVED AS TO FORM: <br /> i zz Jonathan Lowell, City Attorney <br /> Rev. 2/24/2010 <br /> Page 4 of 4 <br />