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4 <br /> <br />10. Time of Essence. Time is of the essence in this Agreement. No extension or variation of this <br />Agreement will operate as a waiver of this provision. <br /> <br />11. Assignment. The Owner will not voluntarily, or by operation of law, assign or otherwise <br />transfer its obligations under this Agreement without the prior written consent of the City, <br />except when transfer occurs pursuant to a sale of the Property. <br /> <br />12. Titles/Headings. Headings are inserted for the convenience of the Parties only and are not to <br />be considered when interpreting this Agreement. <br /> <br />13. Gender. Words in the singular mean and include the plural and vice versa. Words in the <br />masculine mean and include the feminine and vice versa. <br /> <br />14. Governing Law. It is the intention of the Parties that this Agreement and their performance <br />under this Agreement, and all suits and special proceedings under this Agreement, be <br />construed in accordance with the governed, to the exclusion of the law of any other forum, by <br />the laws of California. The venue for any action to interpret or enforce this Agreement shall <br />be the appropriate court in Alameda County, California. <br /> <br />15. Severability. In the event that any of the provisions of this Agreement are held to be invalid <br />or unenforceable in whole or in part, all other provisions will nevertheless continue to be <br />valid and enforceable with the invalid or unenforceable parts severed from the remainder of <br />this Agreement. <br /> <br />16. Waiver. The waiver by either Party of a breach, default, delay or omission of any of the <br />provisions of this Agreement by the other Party will not be construed as a waiver of any <br />subsequent breach of the same or other provisions. <br /> <br />IN WITNESS WHEREOF the Parties have duly affixed their signatures under hand and seal <br />on this _______ day of _______, 2025. <br /> <br /> <br />CITY OF PLEASANTON OWNER: 990 Sycamore Dev Co. L.L.C, a <br />California <br />Limited liability corporation <br /> <br />_______________________________ ______________________________ <br />Gerry Beaudin, City Manager Kevin Michael Sweeney <br /> Managing Member, and authorized agent <br /> {attach notary acknowledgment} <br /> <br /> <br /> <br /> <br /> <br /> <br />Page 198 of 350