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make such other modifications to the Development Agreement, as more particularly described <br /> below. <br /> NOW, THEREFORE, for good and valuable consideration receipt and sufficiency of <br /> which are hereby acknowledged, the parties hereto agree as follows. <br /> 1. Tenn of Development Agreement. The term of the Development Agreement is <br /> currently scheduled to expire on September 27, 2010. Section 1.2 of the Development <br /> Agreement is hereby amended to provide that the term of the Development Agreement as it <br /> pertains to the PG Property shall expire, unless further extended or earlier terminated as provided <br /> in the Development Agreement or herein, on September 27, 2017. By executing this <br /> Amendment, the parties hereto intend and agree that the Development Agreement shall continue <br /> in effect, without interruption or gap in time, through September 27, 2017, unless further <br /> extended or earlier terminated following the effective date of the ordinance approving this <br /> Amendment. <br /> 2. General Provisions. <br /> a) Amendment. This Amendment may be amended by and only by an <br /> instrument executed and delivered by each party hereto or its successors or assigns. <br /> b) Applicable Law. This Amendment shall be construed, interpreted and <br /> enforced in accordance with the laws of the State of California as the same are in effect from <br /> time to time. <br /> c) Headings. The headings of the sections and subsections hereof are <br /> provided herein only for convenience of reference, and shall not be considered in construing <br /> their contents. <br /> d) Binding on Successors and Assigns. This Amendment shall be binding <br /> upon and shall inure to the benefit of the parties hereto and their respective successors and <br /> assigns. <br /> e) Notices, Demands, and Communications between the Parties. Formal <br /> written notices, demands, correspondence and communications between the City and PG shall be <br /> deemed given if sent by first class mail, postage prepaid; nationally established overnight courier <br /> that guarantees next day delivery and provides a receipt therefor; or by facsimile, to the offices <br /> of the City and PG and others indicated below, or such other address as either party may from <br /> time -to -time designate in writing as provided in this section. <br /> City: City Manager <br /> City of Pleasanton <br /> P.O. I3ox 520 <br /> Pleasanton, CA 94566 <br /> Facsimile: (925) 931 -5482 <br /> \S111806830.5 -2- <br /> 080610- 11258001 <br />