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4. Right of Possession and Use. CITY's right of possession and use of the TCE Area, including the right to remove and dispose of improvements, and install and connect utilities, shall commence on the date escrow closes under the Original Agreement_ 5. Notice to Successors. If GRANTOR sells, conveys or assigns any property interest encumbered by this TCE Agreement before the CITY exercises its rights, GRANTOR shall notify the successor or assigns of the rights and obligations under this TCE Agreement. 6. Remedies for Breach. In the event of a breach of this TCE Agreement by GRANTOR, CITY is entitled to pursue any and all remedies available to it against GRANTOR, including, without limitation, claims for all damages attributable to GRANTOR's breach, and specific performance of this TCE Agreement. In the event of a breach of this TCE Agreement by CITY, GRANTOR is entitled to pursue any and all remedies available to it against CITY, including, without limitation, claims for all damages attributable to CITY's breach, and specific performance of this TCE Agreement. 7. Miscellaneous. A. Authority to sign; Approval of CITY. GRANTOR and the signatories represent and warrant 'that the signatories to this TCE Agreement are authorized to enter into this TCE Agreement to convey real property and that no other authorizations are required to implement this TCE Agreement on behalf of GRANTOR. GRANTOR understands that this TCE Agreement is subject to the approval of CITY, and this TCE Agreement shall have no effect unless and until the CITY COUNCIL approves it. B. Counterparts Signature. This TCE Agreement may be executed in counterparts, each of which shall-be an original, but all counterparts shall constitute one agreement. C. Entire Agreement. The parties have here set forth the whole of their agreement. D_ Binding on Successors and Assigns. This TCE Agreement shall be binding on and inure to the benefit of the respective heirs, successors and assigns of the parties. E. Jurisdiction and Venue. This TCE Agreement shall be governed by and constructed in accordance with the laws of the State of California. The parties consent to the jurisdiction of the California courts with venue in the County of Alameda. F. Waiver and Modification. Any waiver, modification, consent or acquiescence with respect to any provision of this TCE Agreement shall be set forth in writing and duly executed by or on behalf of the party to be bound thereby. No waiver by any party of any breach hereunder shall be deemed a waiver of any other or subsequent breach. G. Notices. Any notice that either party may or is required to give the other shall be in writing, and shall be either personally delivered or sent by regular U.S. Mail, to the following addresses: To GRANTOR: To CITY: Pacific Bell Telephone Company City of Pleasanton Engineering Department 5001 Executive Parkway, 2W158 P.O. Box 520 San Ramon, CA 94583 Pleasanton, CA 94556-0802 Attn: Portfolio Manager Attn: Steve Kirkpatrick, Director of Engineering City Engineer Page 3 of 4