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4. Escrow Not Completed results in Final Map Rescission. In the event escrow is not completed as provided in Section 3, above, the final map for Tract 7660 shall be returned by the title company to the City, and the parties acknowledge that the approval of the final map for Tract 7660 shall be automatically rescinded without the requirement for any further action by the City Council, and the final map for Tract 7660 shall not be recorded. a. If escrow is not completed as required by this Agreement, Owners acknowledge that Owners have no vested right to such approved final map for Tract 7660 and Owners, successors or agents must re-apply for approval of a final map for Tract 7660 as provided in Pleasanton Municipal Code Chapter 19.24. b. If escrow is not completed by that time provided in Section 3, the final map for Tract 7660 shall be considered rescinded. 5. Termination in the Event of Breach. In the event of a material breach of this Agreement, a party may terminate this Agreement by sending a written Notice to Terminate to the other parties setting forth the basis for the termination. The Agreement will be considered terminated, escrow shall not be completed, and the final map for Tract 7660 shall be considered rescinded. 6. Miscellaneous provisions. a. All notices herein required shall be in writing and shall be delivered in person or sent by certified mail,postage prepaid as follows: City Manager Chrisman Family Trust KC Bello, LLC City of Pleasanton 1944 Three Oaks Lane 3526 Villero Court P.O. Box 520 Pleasanton, CA 94566 Pleasanton, CA 94566 Pleasanton, CA 94566 Attn: Ken& Pam Chrisman Attn: Pat Costanzo b. This Agreement shall be subject to the laws of State of California and any action to enforce the terms of this Agreement shall be filed in the Alameda County Superior Court. c. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors, heirs, administrators and assigns. d. This Agreement constitutes the entire understanding of the parties with regard to this conditional consideration of a final map for Tract 7660 without the Owners or Developer providing a subdivision improvement agreement and bonds. The parties enter into this Agreement as of the date written above. Agreement for Final Map Approval without Improvement Agreement or Bonds—Tract 7660,Silver Oaks Estates Page 3 of 4