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To Archstone: To HBPOA: To City: Archstone Hacienda LLC c/o Equity Residential Attention Director of Acquisitions 333 Third Street, Suite 210 San Francisco, California 94107 Hacienda Owners Association Attention: General Manager 4305 Hacienda Drive, Suite 330 Pleasanton, California 94588 City of Pleasanton Attention: City Manager 123 Main Street P.O. Box 520 Pleasanton, CA 94566 5. 4 Entire Agreement. This Agreement contains the entire Agreement between the Parties with regard to the matters contained herein and supersedes all prior written and/or oral representations and/or agreements related to the subject matter of this Agreement. 5.5 Construction. The Parties acknowledge that each party and its counsel have reviewed and revised this Agreement and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement or any amendments or exhibits to this Agreement. If any portion of this Agreement is declared by a court of competent jurisdiction to be invalid or unenforceable, any remaining portion of this Agreement shall remain in effect. 5.6 Attorneys' Fees. If an action is filed by any of the Parties hereto, to enforce and/or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and costs. 5.7 Relationship of the Parties. Nothing is intended to create a partnership or joint venture between the Parties or make one party the agent of the other. 5.8 Headings. Any headings or captions used herein are inserted only as a matter of convenience and for reference only and in no way define, limit or describe the scope of this Agreement nor the intent of any of the provisions hereof. 5.9 Context. For the purposes of this Agreement the word " include(s)" means "include(s), without limitation ", and the word "including" 7