BLP PREDEVELOPMENT LOAN AGREEMENT FOR PLEASANTON ASSISTED LIVING

Section 4.9 Attorneys' Fees. If any lawsuit is commenced to enforce any of the terms of this Agreement, the prevailing party will have the right to recover its reasonable attorneys' fees and costs of suit from the other party. Section 4.10 Severability. If any term of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions shall continue in full force and effect unless the rights and obligations of the parties have been materially altered or abridged by such invalidation, voiding or unenforceability. Section 4.11 Future City Actions. The parties acknowledge and agree that: (a) The City retains full discretion to approve or disapprove the City Development Loan and the land use or permit approvals; and (b) Prior to consideration of the City Development Loan and the Land Use Approvals, the City must first perform all applicable statutory preconditions to such consideration, including completion of any required CEQA review and documentation. WHEREFORE, this Agreement has been entered into by the undersigned as of the date first above written. DEVELOPER: BLP Partnership Inc., a California nonprofit public benefit corporation Bye C. Its: 114c iaet CITY: ATTEST: CITY OF PLEASANTON, a municipal corporation • 942#/ft: By WM ■ ikik Its: APPROVED AS TO FORM: 144\105\158870.8 7