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thereof, or any interest therein, whether by sale, operation of law or in any manner whatsoever, and <br /> shall inure to the benefit of the parties and their respective heirs, successors (by merger, <br /> consolidation or otherwise) and assigns. All of the provisions of this Agreement shall be <br /> enforceable during the term hereof as equitable servitudes and constitute covenants running with <br /> the land. <br /> Section 9. City Retains Absolute Discretion. Owner acknowledges that its reimbursements <br /> pursuant to this Agreement have no effect on: <br /> a. the City's sole and absolute discretion in the direction of the work of FCS or other <br /> consultants; <br /> b. Owner's access to the work of FCS or other consultants different from access by <br /> members of the general public; <br /> c. no effect on the City's scheduling of other staff resources and timing of hearings; or <br /> d. City's or FCS' or other consultants' discretion in the review, processing, and <br /> outcome of the CEQA review of the project. <br /> Section 10. Counterparts, Electronic Signatures and Exhibits. This Agreement may be <br /> executed in two (2) duplicate counterparts, each of which shall be deemed to be an original. <br /> Counterparts may be delivered via facsimile, electronic mail (including pdf or any electronic <br /> signature complying with U.S. federal E-Sign Act of 2000 (15 U.S. Code §7001 et seq.), <br /> California Uniform Electronic Transactions Act (Cal. Civil Code §1633.1 et seq.), or other <br /> applicable law) or other transmission method, and any counterpart so delivered shall be deemed to <br /> have been duly and validly delivered and be valid and effective for all purposes. This Agreement <br /> and its Exhibits constitute the entire understanding and agreement of the parties. This Agreement <br /> and its Exhibits integrate all of the terms and conditions mentioned herein or incidental hereto, <br /> and constitute the entire understanding of the parties with respect to the subject matter hereof; and <br /> all prior written agreements, understandings, representations, and statements are terminated and <br /> superseded by this Agreement. <br /> CITY OF PLEASANTON OWNER <br /> AVS Ranch LLC: <br /> Nelson Fialho, City Manager By: <br /> Name: <br /> ATTEST: <br /> Karen Diaz, City Clerk <br /> APPROVED AS TO FORM: <br /> Daniel Sodergren , City Attorney <br />