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to, by or on behalf of any party hereto shall bind and inure to the benefit of such party's <br /> successors and assigns whether so expressed or not. <br /> X. Counterparts. <br /> These Instructions may be executed, approved and acknowledged in several <br /> counterparts, all or any one of which shall be regarded for all purposes as one original and shall <br /> constitute and be but one and the same instrument. <br /> XI. Duties of the Escrow Agent; Protection. <br /> The Escrow Agent shall perform only such duties as are specifically set forth in <br /> these Instructions. <br /> The protections afforded the Trustee in Section 7.03 of the Indenture shall apply <br /> to the Escrow Agent and such Section is incorporated herein by reference to apply to the Escrow <br /> Agent. The Escrow Agent may resign hereunder by providing 30 days written notice to the City. <br /> Any resignation of the Escrow Agent pursuant to Section XI hereof shall only be effective upon <br /> acceptance by a successor escrow agent. <br /> IN WITNESS WHEREOF, the City has issued these Instructions, and the Escrow <br /> Agent and the Trustee have acknowledged and accepted these Instructions. <br /> CITY OF PLEASANTON <br /> By: <br /> City Manager <br /> U.S. BANK NATIONAL ASSOCIATION, as Escrow <br /> Agent and Trustee <br /> By: <br /> Authorized Officer <br /> -6- <br /> Pleasanton 2011 Water Escrow Instructions (2) <br />