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Section 15. Binding Agreement. The terms, covenants and agreemetits contained in this Agreement shall bind and inure to the benefit of the parties hereto and heir respective successors and assigns. Section 16. Entire Agreement. This Agreement, together with tie attachments hereto, constitutes the entire agreement among the parties hereto with respect to the subject matter hereof and supersedes all prior offers, negotiations, oral and written. This Agreement may not be amended or modified in any respect whatsoever except by an instrument in writing signed by the parties hereto. In the event of any conflict between the terms of this Agreement and the Resolution,the terms of this Agreement shall prevail. Section 17. Counterparts. This Agreement may be executed in any number of counterparts and each of the counterparts shall be considered an original and ill counterparts shall constitute but one and the same instrument. Section 18. Notices. Any notice, consent or other communication required or permitted under this Agreement shall be in writing and shall be delivered by hand, sent by air courier, sent by prepaid registered or certified mail with return receipt requested, or sent by facsimile, and shall be deemed to have been given on the earliest of (a) recei it or refusal of receipt; (b) one business day after delivery to an air courier for overnight expedited delivery service; (c) five (5) business days after the date deposited in the United States ma il, registered or certified, with postage prepaid and return receipt requested (provided that such return receipt must indicate receipt at the address specified); or (d) on the day of its transmission by facsimile if transmitted during the business hours of the place of receipt, otherwise on the next business day, provided that a copy of such notice, consent or other communication is also delivered pursuant to clause (b) or (c) above. All references to "business days" herei 1 shall exclude weekends and State or Federal holidays. All notices shall be addressed as follows (or to such other or further addresses as the parties may designate by notice given in accordance with this section): If to the City,at: City of Pleasanton P.O. Box 520 Pleasanton,California 94566 Attention: Nelson Fialho,City Manager Facsimile No.: (925)931-5482 If to the Developer,at: Hacienda Pleasanton, L.P. c/o St. Anton Partners, LLC 1801 I Street,Suite 200 Sacramento,California 95811 Attention: Steven L. Eggert Facsimile No.: (916)444-9843 6