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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. <br />By: <br />Name: Susan Houghton 0 <br />Title: President of the Board of Directors <br />By: <br />Name: <br />Title: <br />CITY OF PLEAS ON <br />Nelson Fialho, City Manager <br />Attest: <br />Karen iaz, City Cl <br />Approved as to Form: <br />/Dan Sodergren, City Attorney <br />7 <br />