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consolidation or otherwise) and assigns. All of the provisions of this Agreement shall be enforceable during the term hereof as equitable servitudes and constitute covenants running with the land. Section 9. City Retains Absolute Discretion. Owner acknowledges that its reimbursements pursuant to this Agreement have no effect on: a. the City's sole and absolute discretion in the direction of the work of FCS or other consultants; b. Owner's access to the work of FCS or other consultants different from access by members of the general public; c. no effect on the City's scheduling of other staff resources and timing of hearings; or d. City's or FCS' or other consultants' discretion in the review,processing, and outcome of the CEQA review of the project. Section 10. Counterparts,Electronic Signatures and Exhibits. This Agreement may be executed in two (2) duplicate counterparts, each of which shall be deemed to be an original. Counterparts may be delivered via facsimile, electronic mail(including pdf or any electronic signature complying with U.S. federal E-Sign Act of 2000 (15 U.S. Code §7001 et seq.), California Uniform Electronic Transactions Act(Cal. Civil Code §1633.1 et seq.), or other applicable law) or other transmission method, and any counterpart so delivered shall be deemed to have been duly and validly delivered and be valid and effective for all purposes. 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matter hereof; and all prior written agreements, understandings, representations, and statements are terminated and superseded by this Agreement. CITY OF PLEASANTON OWNER l0X Genomics, Inc.: Nelson Fialho, City Manager By: Name: Michele Hodge ATTEST: Karen Diaz, City Clerk APPROVED AS TO FORM: Daniel Sodergren, City Attorney