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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 be applied equally against all parties <br /> involved. <br /> 10. This Agreement contains the entire ag ent between the parties. No promise, <br /> representation, warranty, or covenant not include the Agreement has been or is relied on by <br /> any party. <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\O7\capital improve-Inc 1010) <br /> EXHIBIT D <br /> 3 <br />