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refrain from acting is for the benefit of or a burden upon the Project, as appropriate, runs with the <br /> Property and is binding upon each owner, including Developer and all successive owners, of all <br /> or a portion of the Property during its ownership of such property. <br /> 10.8 Recordation Of Agreement. <br /> Within ten (10) days of the Effective Date, City shall cause this Agreement to be duly recorded <br /> in the official records of Alameda County. <br /> 10.9 Notices. <br /> Any notice required under this Agreement shall be in writing and personally delivered, or sent by <br /> certified mail (return receipt requested and postage pre-paid), overnight delivery, or facsimile to <br /> the following: <br /> City: City of Pleasanton Developer: Irby Ranch LLC <br /> Attn: City Manager Mike Serpa <br /> 123 Main Street P.O. Box 913 <br /> P.O. Box 520 Diablo, CA 94528 <br /> Pleasanton, CA 94566 <br /> Tel: (925) 931-5002 (925) 389-1675 <br /> Fax: (9256) 931-5482 <br /> Notices to Mortgagees by City shall be given as provided above using the address provided by <br /> such Mortgagee(s). Notices to Assignees shall be given by City as required above only for those <br /> Assignees who have given City written notice of their addresses for the purpose of receiving <br /> such notices. Either Party may change its mailing address/facsimile at any time by giving <br /> written notice of such change to the other Party in the manner provided herein at least ten (10) <br /> days prior to the date such change is affected. All notices under this Agreement shall be deemed <br /> given, received, made or communicated on the earlier of the date personal delivery is effected or <br /> on the delivery date or attempted delivery date shown on the return receipt, air bill or facsimile. <br /> 10.10 Applicable Law. <br /> This Agreement shall be construed and enforced in accordance with the laws of the State of <br /> California. <br /> 10.11 Venue. <br /> Any action brought relating to this Agreement shall be held exclusively in a state court in the <br /> County of Alameda. <br /> 10.12 Indemnification. <br /> Developer shall indemnify, defend, and hold harmless City (including its elected officials, <br /> officers, agents, and employees) from and against any and all claims, demands, damages, <br /> 19 <br />