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2. Assumption. Assignee expressly assumes and agrees to keep, perform, and <br /> fulfill all the terms, conditions, covenants, and obligations required to be kept, performed, and <br /> fulfilled by Assignor under the Development Agreement and the Project Approvals with respect <br /> to the Project Site. <br /> 3. Effective Date. The execution by City of the attached receipt for this Agreement <br /> shall be considered as conclusive proof of delivery of this Agreement and of the assignment and <br /> assumption contained herein. This Agreement shall be effective upon its recordation in the <br /> Official Records of Alameda County, California, provided that Assignee has closed the purchase <br /> and sale transaction and acquired legal title to the Project Site. <br /> IN WITNESS WHEREOF,the parties hereto have executed this Agreement as of the <br /> dates set forth next to their signatures below. <br /> "ASSIGNOR" <br /> "ASSIGNEE" <br /> RECEIPT BY CITY <br /> The attached ASSIGNMENT AND ASSUMPTION <br /> AGREEMENT is received by the City of Pleasanton on this day of <br /> CITY OF PLEASANTON <br /> By: <br /> City Manager <br /> 29 <br />