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<br />To Seller: <br /> <br />lawrence Brenner <br />Attorney at law <br />340 Soquel Drive <br />Suite 205 <br />Santa Cruz, CA 95062 <br /> <br />To City: <br /> <br />City of Pleasanton <br />123 Main Street <br />Pleasanton, CA 94566 <br />Attn: City Manager <br />Facsimile: (925) 931-5482 <br /> <br />Notices which are delivered by hand or electronic mail shall be deemed received upon <br />delivery; notices which are deposited in the United States mail in accordance with the <br />terms of this Section shall be deemed received three (3) days after the date of mailing. The <br />foregoing addresses may be changed by notice to the other party as herein provided. <br /> <br />4.4 Authority. Each individual executing this Agreement on behalf of Seller or City represents <br />and warrants that he or she is duly authorized to execute and deliver this Agreement on <br />behalf of Seller or City, respectively, and that this Agreement is binding upon Seller or City, <br />respectively, in accordance with its terms. <br /> <br />4.5 Governing law. This agreement shall be governed by the construed in accordance with <br />the laws of the State of California. <br /> <br />4.6 Time of the Essence. Time is of the essence of every provision herein contained in this <br />Agreement. <br /> <br />4.7 Further Assurances. Seller and City shall make, execute, and deliver such documents and <br />undertake such other and further acts as may be reasonably necessary to carry out the <br />intent of the parties hereto. <br /> <br />4.8 Construction. The parties acknowledge that each party and its counsel have reviewed and <br />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 which <br />party prepared or communicated this Agreement, this Agreement shall be of binding effect <br />only upon its execution by an authorized representative of each party hereto. This <br />Agreement contains all of the covenants, conditions and agreements between the parties <br />and shall supersede all prior correspondence, agreements and understandings, both verbal <br />and written. No addition or modification of any term or provision shall be effective unless <br />set forth in writing and signed by Seller and City. <br /> <br />3 <br />