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To Association: Hacienda Business Park Owners Association <br /> 4637 Chabot Drive, Suite 118 <br /> Pleasanton, CA 94566 <br /> Attn: John Dever <br /> <br />Copy to: Howell & Hallgrimson <br /> 60 South Market Street, Suite 900 <br /> San Jose, CA 95113 - 2303 <br /> ATTN: Ron Rainey <br /> <br /> The Prudential Insurance Company <br /> of America <br /> 4309 Hacienda Drive, Suite 500 <br /> Pleasanton, CA 94566 <br /> ATTN: Vice President, P.P.C <br /> <br /> ARTICLE 10 <br /> ATTORNEYS' FEES <br /> <br /> In the event suit is brought to enforce or interpret any <br />part of this agreement, the prevailing party shall be entitled <br />to recover reasonable attorneys' fees and costs. The <br />"prevailing party" shall be the party who is entitled to recover <br />costs of suit, whether or not the suit proceeds to final <br />judgment. A party not entitled to recover his costs shall not <br />recover attorneys' fees. No sum for attorneys' fees shall be <br />counted in calculating the amount of a judgment for purposes of <br />determining whether a party is entitled to recover his costs or <br />attorneys' fees. <br /> <br /> ARTICLE 11 <br /> SUCCESSORS AND ASSIGNS <br /> <br /> The terms and provisions of this agreement shall be <br />binding upon and inure to the benefit of and be enforceable by <br />the successors and assigns of the parties hereto. <br /> <br /> 10 <br /> <br /> <br />