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modify in any manner the Purchase Agreement, Funding Agreement, and Development <br /> Agreement, and such instruments shall remain in effect in accordance with their terms. <br /> 3. Miscellaneous. <br /> (a) Governing Law. This Agreement shall be governed by and construed in <br /> accordance with the laws of the State of California. <br /> (b) Attorneys' Fees. The prevailing party in any action or proceeding to <br /> enforce or interpret, or otherwise arising out of or relating to, this Agreement or any provision <br /> thereof shall be entitled to recover from the other party all of its costs and expenses, including, <br /> but not limited to, reasonable attorneys' fees and experts' fees. <br /> (c) No Third Party Beneficiaries. This Agreement, and each provision <br /> thereof, is intended solely for the mutual benefit of the parties and their respective successors and <br /> assigns, and is not intended for the benefit of any third party. <br /> IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the dates <br /> appearing below their respective authorized signatures. <br /> SPA: CITY: <br /> SURPLUS PROPERTY AUTHORITY OF CITY OF PLEASANTON, a municipal <br /> ALAMEDA COUNTY, a public corporation corporation <br /> By By: <br /> C azar,Manager Nelson Fia o, City Manager <br /> Date: <br /> sl3IIZ D11 Date: 06- 6040 -7/ <br /> A 1 ST: <br /> Let/Q/ <br /> ar-• I iaz, city Clerk <br /> l• <br /> APPROVED AS TO FORM: <br /> onathan Lowell, City Attorney <br /> 000299.0044\1820517.3 2 <br />