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<br />Section 7.18 Time Is of the Essence. Time is of the essence for each provision <br />of this Agreement for which time is an element. <br /> <br />Section 7.19 Third Party Beneficiaries. Except as otherwise provided herein, <br />City and Developer hereby renounce the existence of any third-party beneficiary to this <br />Agreement and agree that nothing contained herein shall be construed as giving any other <br />person or entity third-party beneficiary status. <br /> <br />Section 7.20 Attorneys’ Fees; Prevailing Party. If legal action is brought by one <br />of the Parties to enforce a provision of this Agreement, the prevailing Party is entitled to <br />reasonable attorneys’ fees, expert witness fees, and court costs. <br /> <br />Section 7.21 Recitals. The recitals to this Agreement are part of the Agreement. <br /> <br />IN WITNESS WHEREOF, this Agreement has been entered into by and between <br />Developer and City as of the day and year first above written. <br /> <br /> <br /> <br />Dated:____________________________ <br />“CITY” <br /> <br />CITY OF PLEASANTON, <br />a municipal corporation <br /> <br /> <br />By: <br />_______________, City Manager <br /> <br />Dated:____________________________ Approved as to form: <br /> <br /> <br />By: <br /> Daniel G. Sodergren, City Attorney <br /> <br />Dated:____________________________ Attest: <br /> <br /> <br />By: <br /> Jocelyn Kwong, City Clerk <br /> <br /> <br /> <br />Dated:____________________________ <br />“DEVELOPER” <br /> <br />Ponderosa Homes II, Inc. <br /> <br />By: <br /> Jeff Schroeder <br /> <br />Its: SVP Land, Planning & Operations <br />