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8. This Agreement may be amended, modified, or changed by the parties if in writing <br />and approved by all parties. <br />9. This Agreement has been prepared by arties involved and any legal presumptions <br />as to the interpretation of any ambiguity herein s e applied equally against all parties <br />involved. <br />10. This Agreement contains the entire ag~nt between the parties. No promise, <br />representation, warranty, or covenant not include k, a Agreement has been or is relied on by <br />any P~'h'• <br />IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first <br />above written. <br />CITY OF PLEASANTON <br />By: <br />City Manager <br />PLEASANTON HACIENDA I, LLC <br />Philip Hoon <br />Managing Partner <br />ATTEST: <br />City Clerk <br />APPROVED AS TO FORM: <br />City Attorney <br />(aj:mydocs\agrmts\07\capital improve-hac1010) <br />EXHIBIT J~ <br />3 <br />