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and shall inure to the benefit of the parties and their respective heirs, successors(by merger, <br /> consolidation or otherwise) and assigns. All of the provisions of this Agreement shall be <br /> enforceable during the term hereof as equitable servitudes and constitute covenants running with <br /> the land. <br /> Section 10. Counterparts and Exhibits. This Agreement may be executed in two (2) <br /> duplicate counterparts, each of which shall be deemed to be an original. This Agreement and its <br /> Exhibits constitute the entire understanding and agreement of the parties. This Agreement and <br /> its Exhibits integrate all of the terms and conditions mentioned herein or incidental hereto, and <br /> constitute the entire understanding of the parties with respect to the subject matter hereof; and all <br /> prior written agreements, understandings, representations, and statements are terminated and <br /> superseded by this Agreement. <br /> CITY OF PLEASANTON OWNER <br /> NEARON ENTERPRISES, LLC, <br /> a California limited liability company <br /> Nelson Fialho, City Manager <br /> By: Nearon Enterprises,a <br /> California corporation <br /> ATTEST: Its: Designated Manager <br /> By:_ <br /> Karen Diaz, City Clerk <br /> Name: <br /> Title: <br /> APPROVED AS TO FORM: <br /> Jonathan Lowell, City Attorney <br /> 4 <br />