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XVII. INTERPRETATION <br /> This Agreement has been prepared by all parties involved and any legal presumptions as <br /> to the interpretation of any ambiguity herein shall be applied equally against all parties involved. <br /> XVIII.ENTIRE AGREEMENT <br /> This Agreement contains the entire agreement between the parties.No promise, <br /> representation,warranty, or covenant not included in the Agreement has been or is relied on by <br /> any party. This Agreement supersedes all agreements between the parties including those ' <br /> referenced in Recital C of this Agreement. <br /> XIX. COUNTERPARTS <br /> This Agreement may be executed in multiple counterparts, each of which shall be <br /> deemed an original and all of which shall constitute one Agreement notwithstanding that all <br /> signatories are not signatories either on the same date or to the same counterpart A signature <br /> page may be detached from the counterpart when executed and attached to another counterpart, <br /> which other counterpart shall become the complete Agreement. <br /> XX. SEVERABILITY CLAUSE <br /> If any section or portion of this Agreement is found to be invalid, such findings shall not <br /> affect the validity of the remainder of the Agreement, which shall continue in full force and <br /> effect <br /> IN WITNESS WHEREOF, the parties have executed this Agreement the day and year <br /> first above written. <br /> CITY OF PLEASANTON PLEASANTON HACIENDA I L.P., <br /> a California limited partnership <br /> By: Pleasanton Hacienda Community <br /> Pleasanton, Inc., a California corporation, its <br /> General Partner <br /> Nelson Fialho, City Manager <br /> By: <br /> Name: Philip Hoon <br /> Title: President <br /> ATTEST: <br /> Karen Diaz, City Clerk <br /> APPROVED AS TO FORM: <br /> Daniel G. Sodergren, City Attorney <br /> 021538.0001\5359154.1 <br />