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to the benefit of or be enforceable by, any other person or entity other than the Parties and <br /> their permitted successors and assigns <br /> 16 Brokers Each Party warrants and represents to the other that no brokers have been <br /> II retained or consulted in connection with this transaction Each Party agrees to defend, <br /> indemnify and hold harmless the other Party from any claims, expenses, costs or liabilities <br /> arising in connection with a breach of this warranty and representation The terms of this <br /> Section 17 shall survive the expiration or earlier termination of this Agreement <br /> 17 Captions The captions of the sections and articles of this Agreement are for <br /> convenience only and are not intended to affect the interpretation or construction of the <br /> provisions hereof <br /> 18 Governing Law and Venue This Agreement shall be governed by and construed in <br /> accordance with the laws of the State of California, with venue in Alameda County Superior <br /> Court <br /> THIS AGREEMENT is executed the date first above written <br /> SUNFLOWER HILL, INC. CITY OF PLEASANTON <br /> By <br /> Name Susan Houghton Nelson Fialho, City Manager <br /> Title President of the Board of Directors <br /> Attest <br /> Karen Diaz, City Clerk <br /> By <br /> Approved as to Form <br /> Name <br /> Title Dan Sodergren, City Attorney <br /> 7 <br />