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incurred in connection with this suit or action. including, without limitation, reasonable <br />attorney's fees. <br /> <br />X. GOVERNING LAW. This Agreement shall be govemed and construed in accordance <br />with the laws of the State of Califomia. <br /> <br />XI. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between the <br />parties pertaining to its subject matter and it supersedes all prior and contemporaneous <br />agreements or representations, and understandings of the parties. No supplement, modification <br />or amendment of this Agreement shall be binding unless executed in writing by both parties. <br /> <br />XII. COMMISSION. Parties acknowledge that no agents or brokers were utilized for this <br />transaction. <br /> <br />XIII. TIME IS OF ESSENCE. Time is of essence to this Agreement. <br /> <br />In witness whereof. the parties have executed this Agreement as of the date first written above. <br /> <br /> CITY OF PLEASANTON <br /> <br /> By: <br /> Deborah Acosta, City Manager <br /> <br /> T.T.K. PARTNERSHIP <br /> <br /> By: <br /> Its: <br /> <br />ATTEST: <br /> <br />Peggy Ezidro, City Clerk <br /> <br />APPROVED AS TO FORM: <br /> <br />Michael H. Roush, City Attorney <br /> <br />LMS:sb (G:~LARISSAS~,GREE_98',,GOLF_CRS\l'FK\GRANT2.SAM) <br /> <br />[2 lot] <br />Exhibit C 2 <br /> <br /> <br />