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<br /> <br />9. City Retains Absolute Discretion. Developer acknowledges that its reimbursements <br />pursuant to this Agreement have no effect on the City’s sole and absolute discretion in the <br />direction of the work of Consultant or other consultants; Developer’s access to the work of <br />Consultant or other consultants different from access by members of the general public; no effect <br />on the City’s scheduling of other staff resources and timing of hearings; or City’s or Consultant’s <br />or other consultants’ discretion in the review, processing, and outcome of the CEQA review of <br />the project. <br /> <br />10. Counterparts, Electronic Signatures and Exhibits. This Agreement may be executed in <br />two (2) duplicate counterparts, each of which shall be deemed to be an original. Counterparts may <br />be delivered via facsimile, electronic mail (including pdf or any electronic signature complying <br />with U.S. federal E-Sign Act of 2000 (15 U.S. Code §7001 et seq.), California Uniform <br />Electronic Transactions Act (Cal. Civil Code §1633.1 et seq.), or other applicable law) or other <br />transmission method, and any counterpart so delivered shall be deemed to have been duly and <br />validly delivered and be valid and effective for all purposes. This Agreement and its Exhibits <br />constitute the entire understanding and agreement of the parties. This Agreement and its Exhibits <br />integrate all of the terms and conditions mentioned herein or incidental hereto, and constitute the <br />entire understanding of the parties with respect to the subject matter hereof; and all prior written <br />agreements, understandings, representations, and statements are terminated and superseded by this <br />Agreement. <br /> <br />Executed as of the date first stated above. <br /> <br />CITY OF PLEASANTON <br /> <br /> <br /> <br />Gerry Beaudin, City Manager <br />ATTEST: <br />Jocelyn Kwong, City Clerk <br />DEVELOPER <br /> <br /> <br />By: <br /> <br /> <br />Name: <br /> <br /> Its: __________________________________ <br /> <br /> <br />APPROVED AS TO FORM: <br /> <br /> <br /> <br /> Daniel Sodergren , City Attorney <br />DocuSign Envelope ID: FF612D3A-D9AB-47B7-BC6D-B4068941C343 <br />Bartley Fleharty <br />attorney <br />DocuSign Envelope ID: 365E70E7-A0EC-491F-9D81-6B86F626F7CE