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to the benefit of or be enforceable by, any other person or entity other than the Parties and <br /> their permitted successors and assigns. <br /> 16. Brokers. Each Party warrants and represents to the other that no brokers have been <br /> retained or consulted in connection with this transaction. Each Party agrees to defend, <br /> indemnify and hold harmless the other Party from any claims, expenses, costs or liabilities <br /> arising in connection with a breach of this warranty and representation. The terms of this <br /> Section 17 shall survive the expiration or earlier termination of this Agreement. <br /> 17. Captions. The captions of the sections and articles of this Agreement are for <br /> convenience only and are not intended to affect the interpretation or construction of the <br /> provisions hereof. <br /> 18. Governing Law and Venue. This Agreement shall be governed by and construed in <br /> accordance with the laws of the State of California, with venue in Alameda County Superior <br /> Court. <br /> THIS AGREEMENT is executed the date first above written. <br /> SUNFLOWER HILL,INC. CITY OF PLEAS•.0 TON <br /> By: 500 L IA..,. ---v't <br /> Name: Susan Houghton Nelson Fialho, City Manager <br /> Title: President of the Board of Directors <br /> Attest: <br /> Karen ■iaz, City Cl ) <br /> By: <br /> Approved as to Form: <br /> Name: ,I <br /> Title: /Dan Sodergren, City Attorney <br /> 7 <br />