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Attn: Nelson Fialho, City Manager <br /> Telephone: (925)931-5002 <br /> With Copies to: City of Pleasanton <br /> City Hall <br /> 123 Main Street <br /> P.O. Box 520 Pleasanton, CA 94566 <br /> Attn: Daniel G. Sodergren, City Attorney <br /> Telephone: (925)931-5015 <br /> If to Developer,to: 10x Genomics, Inc. <br /> 6230 Stoneridge Mall Road <br /> Pleasanton, CA <br /> Attn: Eric Whitaker, General Counsel <br /> Telephone: (925)401-7300 <br /> With Copies to: 10x Genomics, Inc. <br /> 6230 Stoneridge Mall Road <br /> Pleasanton, CA 94588 <br /> Attn: Director of Real Estate <br /> Telephone: (925)401-7300 <br /> With Copies to: Hoge, Fenton, Jones& Appel, Inc. <br /> 6801 Koll Center Parkway, Suite 210 <br /> Pleasanton, CA 94566 <br /> Attn: Sblend A. Sblendorio <br /> (925)460-3365 <br /> Section 5.14 Exhibits. The following exhibits are attached to this Agreement and incorporated <br /> herein for all purposes: <br /> EXHIBIT A-1: Legal Description of 1701 Springdale Avenue, Pleasanton CA <br /> EXHIBIT A-2: Project Site Plan <br /> EXHIBIT B: Development Impact Fees as of Effective Date; 10x Genomics Fee <br /> Estimate; and Fee Credits <br /> EXHIBIT C: Current Sewer Capacity and Available Credit in Gallons Per Day <br /> EXHIBIT D: Water Meters Serving Property <br /> EXHIBIT E: Contract Provisions for Contracts Constructions Sales and Use Tax <br /> Insert for Contractors and Subcontractors <br /> Section 5.15 Entire Agreement, Counterparts and Exhibits. This Agreement is executed in two <br /> (2) duplicate counterparts, each of which is deemed to be an original. This Agreement constitute <br /> 4412928_2 -13- <br /> without limitation, <br /> California Civil Code §1468. <br /> Section 5.12 Assignment of Interests, Rights and Obligations. Developer may transfer or assign <br /> all or any portion of its interests,rights or obligations under this Agreement,the Project Approvals <br /> or Subsequent Approvals to third parties acquiring an interest or estate in the Property or any <br /> portion thereof including, without limitation, purchasers or ground lessees of lots, parcels or <br /> facilities. <br /> Section 5.13 Notices. Any notice or communication required hereunder between City and <br /> Developer must be in writing, and may be given either personally, or by Federal Express or other <br /> similar courier promising overnight delivery to the respective addresses specified by each party. <br /> Any party hereto may at any time, by giving ten(10)days written notice to the other party hereto, <br /> designate any other address in substitution of the address to which such notice or communication <br /> shall be given. Such notices or communications shall be given to the parties at their addresses set <br /> forth below <br /> If to City,to: City of Pleasanton <br /> City Hall <br /> 123 Main Street <br /> P.O. Box 520 <br /> Pleasanton, CA 94566 <br /> 4412928_2 -12- <br /> its own legal counsel at <br /> its own expense. <br /> Section 5.06 Defaults. In the event City or Developer defaults under the terms of this <br /> Agreement, City or Developer shall have all rights and remedies provided under law. No default <br /> hereunder shall render invalid the lien of any deed of trust,mortgage or security interest in or upon <br /> the Property or any improvements or fixtures at any time located thereon. <br /> 4412928_2 -11- <br /> of this Section 5.03, City shall not: (a) impose any conditions of approval or other requirements <br /> upon any Subsequent Approvals that conflict with any Project Approvals or that could prevent or <br /> 4412928_2 -10- <br /> the Project, which list shall include the following items: <br /> 4412928_2 -8- <br />