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Section 15. Enforcement. The City shall use its best efforts to prevent new property owners other than those specified in Exhibit A from connecting to the Improvements without paying the Reimbursement Fee, and shall not issue necessary permits, licenses or consents for such connections without payment of the required Reimbursement Fee. If, despite City's good faith efforts, connections to or use of the Improvements by new property owners should occur without payment of the required Reimbursement Fee, City shall not be responsible for payment of the amount which would have been paid to Developer, provided that Developer shall be entitled, and is hereby authorized by City, to pursue collection of such fees by means of a private right of action, or any other lawful means, against the property owner or the party using the Improvements without payment of the Reimbursement Fee. City agrees to participate in and to cooperate with and assist Developer in any such action, upon request by Developer. In that event, Developer shall indemnify and hold City harmless from any third party claims against the City in connection with the collection of Reimbursement Fees pursuant to this Agreement. Section 16.Agreement. This Agreement and its Exhibits constitute the entire understanding and agreement of the parties. This Agreement and its Exhibits integrate all of the terms and conditions mentioned herein or incidental hereto, and constitute the entire understanding of the parties with respect to the subject matter hereof; and all prior written agreements, understandings, representations, and statements are terminated and superseded by this Agreement. THIS AGREEMENT is executed as of the date and year first above written. CITY OF PLEASANTON DEVELOPER Ponderosa Homes II, Inc. a California corporation Nelson Fialho, City Manager Jeffrey C. Schroeder, Senior Vice-President ATTEST: Linda Morasch, Vice President Karen Diaz, City Clerk APPROVED AS TO FORM: Daniel G. Sodergren, City Attorney 4