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~A-321969 <br /> <br />in title to the Property; provided, however, that on the <br />termination of this Agreement said covenants, reservations and <br />restrictions shall expire. Each and every contract, deed or <br />other instrument hereafter executed covering or conveying the <br />Property, or any portion thereof, shall conclusively be held to <br />have been executed, delivered and accepted subject to such <br />covenants, reservations and restrictions as set forth in such <br />contract, deed or other instruments. <br /> <br /> b. If Developer sells or transfers the Project subject <br />to these covenants and Developer files a Notice of Transfer with <br />the City in substantially the same form as attached as Exhibit <br />"Z", the City agrees that by operation of this Agreement and by <br />operation of Civil Code Section 1466 the Developer shall be <br />thereafter released from all obligations and liabilities arising <br />out of the performance or nonperformance of this Agreement <br />occurring after the date of the sale or transfer of the Project. <br /> <br /> c. If the Developer transfers less than the entire <br />Project, then any such transfer shall specify whether the units <br />so transferred are designated as reserved for lower income <br />households pursuant to Section 1 of this Agreement. Ownership of <br />all units reserved for lower income households shall, at all <br />times, be maintained in a single business entity. <br /> <br /> 12. Attorney's Fees. <br /> <br /> If suit is brought to enforce or interpret any part of <br />this Agreement, the prevailing party shall be entitled to recover <br />reasonable attorney's fees and costs of suit. <br /> <br /> 13. Severability. <br /> <br /> The invalidity of any clause, part or provision of this <br />Agreement shall not affect the validity of the remaining portions <br />thereof. <br /> <br /> 14. Notices. <br /> <br /> All notices to be given pursuant to this Agreement shall <br />be in writing and shall be deemed given when mailed by certified <br />or registered mail, return receipt requested, to the parties <br />hereto at the addresses set forth below, or to such other place <br />as a party may from time to time designate in writing. <br /> <br /> Developer: HACIENDA GARDENS VENTURE <br /> c/o Prometheus Development <br /> 20300 Stevens Creek Boulevard <br /> Suite 100 <br /> Cupertino, CA 95014 <br /> <br /> City: CITY OF PLEASANTON <br /> Attn: City Manager <br /> P. O. Box 520 <br /> Pleasanton, CA 94566 <br /> <br /> - 7 - <br /> <br /> <br />