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parties may by mutual agreement amend or terminate this Agreement <br />in the manner provided by Section 2-9.22 for the adoption of in <br />lieu parking agreements. <br /> <br /> c. No Waiver. No delay or omission by the City in <br />exercising any right or power accruing upon the noncompliance or <br />failure to perform by Owner under the provisions of this <br />Agreement shall impart any such right or power or be construed to <br />be a waiver thereof. <br /> <br /> d. Exhibits. Exhibits A and B are incorporated <br />herein. <br /> <br /> e. Recording. This agreement shall run with the land <br />and be binding upon any and all heirs, assigns, and successors in <br />interest of Developer having an interest in the Property for the <br />duration of the time the Project remains on the Property. <br /> <br /> IN WITNESS WHEREOF, City and Developer have executed this <br />Agreement in one (1) or more copies, on the day and year first <br />above written. <br /> <br /> Larry Osborne <br /> <br /> Frank Mendicino <br /> <br /> CITY OF PLEASANTON <br /> <br /> By <br /> Kenneth R. Mercer, Mayor <br /> <br />ATTEST: <br /> <br />James R. Walker, City Clerk <br /> <br />APPROVED AS TO FORM: <br /> <br />Peter D. MacDonald, City Attorney <br /> <br /> ATTACH ACKNOWLEDGMENTS <br /> <br /> - 3 - <br /> <br /> <br />