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<br />9. The execution and delivery of this Agreement shall not be deemed to confer any rights <br />upon, nor obligate either of the parties hereto to, any person or entity not a party to this <br />Agreement. <br /> <br />10. If Project Developer fails to perform an obligation hereunder, and such failure continues for <br />thirty (30) days after delivery of written notice of such failure by the City (or such longer <br />period of time as may be reasonably necessary to cure such failure) then Project <br />Developer shall be in default hereunder and the City’s sole remedy hereunder shall be to <br />pursue an action for specific performance against ProjectDeveloper. <br /> <br />11. Any notice, consent or other communication required or permitted under this Agreement <br />shall be in writing and shall be delivered by hand, sent by air courier, email, or sent by <br />prepaid registered or certified mail with return receipt requested, and shall be deemed <br />to have been given on the earliest of (a) receipt or refusal of receipt; (b) one business <br />day after delivery to an air courier for overnight expedited delivery service; (c) five <br />business days after the date deposited in the United States mail, registered or certified, <br />with postage prepaid and return receipt requested (provided that such return receipt <br />must indicate receipt at the address specified); or (d) on the day of its transmission by <br />email if transmitted during the business hours of the place of receipt, otherwise on the <br />next business day, provided that a copy of such notice, consent or other <br />communication is also delivered pursuant to clause (b) or (c) above. All references to <br />“business days” herein shall exclude weekends and State or Federal holidays. All <br />notices shall be addressed as follows (or to such other or further addresses as the <br />parties may designate by notice given in accordance with this section): <br /> <br />If to the City, at: <br />City of Pleasanton Attention: City Manager <br />P.O. Box 520 <br />Pleasanton, CA 94566 <br />Email: __________ <br /> <br />If to the Project Developer, at: <br />330 Land Company LLC <br />156 Diablo Road, Suite 340 <br />Danville, CA 94526 <br />Email: sreilly@330land.com <br /> <br />12. Notwithstanding anything to the contrary in this Agreement, the restrictions set forth in <br />this Agreement shall be enforceable solely by the City and not by, or on behalf of, any <br />tenant or third-party purchaser of the Project or any residents within the Project. <br />13. This Agreement may be executed in counterparts, and when all counterpart <br />documents are executed, the counterparts shall constitute a single binding agreement. <br />14. This Agreement shall be recorded in Alameda County, shall run with the land, and shall <br />bind the parties and their successors in interest. <br /> <br />---------- Signatures follow on next page. ---------- <br />Page 192 of 344