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<br />shall incorporate all of the terms and conditions of PUD as so <br />amended or modified. <br /> <br />12. GENERAL. <br /> <br />12.1 construction of Aareement. The language in all <br />parts of this Agreement shall, in all cases, be construed as a <br />whole and in accordance with its fair meaning. The captions of <br />the sections and subsections of this Agreement are for <br />convenience only and shall not be considered or referred to in <br />resolving questions of construction. This Agreement shall be <br />governed,by the laws of the state of California. <br /> <br />12.2 Severabi1itv. If any material provision of this <br />Agreement or POD shall be found to be invalid, void or illegal, <br />each party shall have the right to seek amendment or termination <br />of this Agreement pursuant to section 12.1. <br /> <br />12.3 Attornevs' Fees. In the event of any dispute <br />between the parties involving the covenants or conditions <br />contained in this Agreement, the prevailing party shall be <br />entitled to recover reasonable expenses, attorneys' fees and <br />costs. <br /> <br />12.4 Exhibits. Exhibits A through C attached hereto <br />are incorporated herein by this reference. <br /> <br />13. NOTICE. <br /> <br />13.1 To DeveloDer. Any notice required or permitted to <br />be given by City to Developer under .or pursuant to this Agreement <br />shall be deemed sufficiently given if in writing and delivered <br />personally to an officer of Developer, or mailed, with postage <br />thereon fully prepaid, registered or certified mail, return <br />receipt requested, addressed to Developer as follows: <br /> <br />The prudential Insurance Company of America <br />4309 Hacienda Drive, suite 500 <br />Pleasanton, CA 94566 <br />ATTN: Warren statler <br /> <br />The prudential Insurance company of America <br />Four Embarcadero center, suite 2700 <br />San Francisco, CA 94111 <br />ATTN: Regional Counsel <br /> <br />- 14 - <br /> <br />.. <br /> <br />. <br />