BEN NOBLE, CITY & REGIONAL PLANNING

respect to this Agreement may be appealed to the City Council. Any such appeal to the City Council must be made in writing and addressed to the City Council. Final action of the City Council shall be required before legal action pursuant to this Agreement may be instituted. Notwithstanding the foregoing, either party may, in addition to any other rights or remedies, institute legal action to cure, correct or remedy and default, enforce any covenant or agreement herein, enjoin any threatened or attempted violation or enforce by specific performance the obligations and rights of the parties hereto. In such event, the prevailing party shall be entitled to its attorneys’ fees and costs, if any, in addition to any other relief to which such party may be entitled. 6. Notice. Any notices required or permitted to be given hereunder shall be given in writing and shall be delivered by U.S. Mail, with a courtesy copy provided by e-mail. Such notices shall be addressed by follows: If to City: City Manager If to Applicant: USL Pleasanton Lakes, L.P. City of Pleasanton c/o Steelwave, LLC P.O. Box 520 101 California Street, Suite 800 Pleasanton, CA 94566 San Francisco, CA 94111 Attention: Bridget Metz Director, Project Management Phone: 925-364-0898 E-mail: bmetz@steelwavellc.com 7. Applicable Law and Venue. The laws of the State of California shall govern the interpretation and enforcement of this Agreement, and venue shall be the Alameda County Superior Court. 8. Successors-In-Interest. Except as otherwise provided in this Agreement, for the term of this Agreement, all of the provisions, rights, powers, terms, covenants, and other obligations contained in this Agreement shall be binding upon the parties and their respective heirs, successors (by merger, consolidation, or otherwise) and assigns, devisees, administrators, representatives, lessees, and all other persons or entities acquiring the Property, or any portion thereof, or any interest therein, whether by sale, operation of law or in any manner whatsoever, and shall inure to the benefit of the parties and their respective heirs, successors (by merger, consolidation or otherwise) and assigns. 9. City Retains Absolute Discretion. Applicant acknowledges that its reimbursements pursuant to this Agreement have no effect on the City’s sole and absolute discretion in the direction of the work of Consultant or other consultants; Applicant’s access to the work of Consultant or other consultants different from access by members of the general public; no effect on the City’s scheduling of other staff resources and timing of hearings; or City’s or Consultant’s or other consultants’ discretion in the review, processing, and outcome of the CEQA review of the project. 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 Docusign Envelope ID: C590E216-991C-4272-B9C7-036EF6A9683CDocusign Envelope ID: 686BAC3A-CB66-4F0A-84D5-7DBF5B3D3566