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2. Governing Law; Invalidi . This Agreement shall be construed under and shall be enforced in accordance with the laws of the State of California. Any dispute arising out of this Agreement, or any action brought to enforce or interpret the terms and conditions hereof, shall be brought in Alameda County, California. If any provision of this Agreement is determined to be invalid or unenforceable, the invalidity or unenforceability of such provision shall not affect the validity or enforceability of any of the remaining provisions of this Agreement. 3. Counternarts/Dehycry. This instrument may be executed in any number of counterparts and by the different parties on separate counterparts, and each such counterpart shall be deemed to be an original, but all such counterparts shall together constitute one and the same agreement. 4. Entirety and Amendments. This Agreement embodies the entire agreement between the parties and supersedes all prior agreements and understandings relating to the matters set forth herein. This Agreement may not be amended except by a written instrument in recordable form, executed by the Property Owner and the City. 5. Recording This Agreement shall run with the land and be binding upon any and all heirs, assigns, and successors of Property Owner having an interest in the Property for the duration of the time the Project remains on the Property or until such time as the final payment is made by Property Owner, whichever is later. Date: PROPERTY OWNER: Hanna Naguib LLC Date: THE CITY: CITY OF PLEASANTON Brian Dolan, Interim City Manager Approved as to form: Dan Sodergren, City Attorney 2