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17. Applicable Law. This Agreement shall be subject to the laws of California and any action to <br /> enforce the terms of this Agreement shall be filed in the Alameda County Superior Court. <br /> 18. Enforced Delay; Extension of Time of Performance. Subdivider shall not be deemed in <br /> default of its obligations under this Agreement where a delay or default is due to any <br /> strike, riot, act of war, act of violence, natural disaster, or by any other severe and <br /> unforeseeable occurrence that is beyond the control of Subdivier(collectively, "Enforced <br /> Delay"). Performance by Subdivider of its obligations under Section 1 shall be excused <br /> during, and extended for a period of time equal to,the period(on a day-for-day basis)for <br /> which the cause of such Enforced Delay is in effect. <br /> This Agreement is executed as of the date and year first written above. <br /> CITY OF PLEASANTON SUBDIVIDER <br /> Meritage Homes of California, Inc. <br /> By: <br /> Nelson Fialho, City Manager Print Name: John Barnhart <br /> Its: Vice President of Operations <br /> ATTEST: <br /> Karen Diaz, City Clerk <br /> And <br /> By: <br /> APPROVED AS TO FORM: <br /> Print Name: <br /> Its: <br /> Daniel G. Sodergren, City Attorney (second signature is required if corporation) <br /> Subdivision Agreement <br /> Tract 8245—Meritage of California,Inc. Page 8 of 8 <br />