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terms of this Section shall be deemed received three (3) days after the date of mailing. <br />The foregoing addresses may be changed by notice to the other party as herein <br />provided. <br />5.5 Authority. Each individual executing this Agreement on behalf of City or Prudential <br />represents and warrants that he or she is duly authorized to execute and deliver this <br />Agreement on behalf of City or Prudential, respectively, and that this Agreement is <br />binding upon City or Prudential, respectively, in accordance with its terms. <br />5.6 Governing Law. This Agreement shall be governed by and construed in accordance with <br />the laws of the State of California. <br />5.7 Time of the Essence. Time is of the essence of every provision herein contained in this <br />Agreement. <br />5.8 Further Assurances. City and Prudential shall make, execute, and deliver such <br />documents and undertake such other and further acts as may be reasonably necessary <br />to carry out the intent of the parties hereto. <br />5.9 Construction. The parties acknowledge that each party and its counsel have reviewed <br />and revised this Agreement and that the normal rule of construction to the effect that any <br />ambiguities are to be resolved against the drafting party shall not be employed in the <br />interpretation of this Agreement or any amendment or exhibits hereto. Regardless of <br />which party prepared or communicated this Agreement, this Agreement shall be of <br />binding effect only upon its execution by an authorized representative of each party <br />hereto. This Agreement contains all of the covenants, conditions and agreements <br />between the parties and shall supersede all prior correspondence, agreements and <br />understandings, both verbal and written. No addition or modification of any term or <br />provision shall be effective unless set forth in writing and signed by Prudential and City. <br />IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and <br />year first above written. <br />"Prudential" or "Seller" <br />THE PRUDENTIAL I1~ <br />a New Jersey, corp at <br />BY. <br />Its: <br />RANCE COMPANY OF AMERICA, <br />i <br />nt <br />"City" or "Buyer" <br />THE CITY OF PLEASANTON, <br />a California municipal corporation <br />By C1.~- ~°~-~,~ <br />Its: City Manager <br />Neighborhood Park Agreement 8!27!97 7 <br />