MERITAGE HOMES OF CALIFORNIA - Laserfiche WebLink

9. Previous Agreements. This Agreement supersedes and replaces all previous agreements by and between Meritage, Sunflower and City as they may pertain to the Gas Service Proposal Work. 10. Modifications. The terms and conditions of this Agreement may be modified or changed only by written mutual consent of the Parties. 11.Notices. Any notice that either party desires to or is required to give to the other Party or any other person shall be in writing and either served personally or sent by prepaid first class mail. Such notices shall be addressed to the other Party at the address set forth below. Either Party may change its address by notifying the other Party of the change of address. Notice shall be deemed communicated within seventy-two (72)hours from the date of mailing, if mailed as provided in this paragraph. To MERITAGE: To SUNFLOWER: To CITY: Edward Comejo Jonathan Astmann Brian Dolan Land Development Director Senior Project Manager Assistant City Manager Meritage Homes Satellite Affordable Housing Assoc. City of Pleasanton 2603 Camino Ramon#140 1835 Alcatraz Avenue 123 Main Street San Ramon, CA 94583 Berkeley, CA 94703 Pleasanton, CA 94566 12. Governing Law and Venue. This Agreement is governed by the laws of the State of California. Venue shall be in Alameda County, California. 13. Counterparts and Electronic Signature. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement. Counterparts may be delivered via facsimile, electronic mail (including pdf or any electronic signature complying with U.S. federal E-Sign Act of 2000 (15 U.S. Code §7001 et seq.), California Uniform Electronic Transactions Act(Cal. Civil Code §1633.1 et seq.), or other applicable law) or other transmission method, and any counterpart so delivered shall be deemed to have been duly and validly delivered and be valid and effective for all purposes. 14.No Third Party Rights.Nothing contained in this Agreement shall create a contractual relationship with, or cause of action in favor of, any third party (that is not a party to this Agreement). 15. Waiver. Waiver of a breach or default by a Party under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this Agreement. 16. Warranty of Authority. The individual executing this Agreement on behalf of a Party warrants that he/she is authorized to execute the Agreement on behalf of that Party. 17. Attorney's Fees. If suit is brought by a Party or Parties to enforce any of the terms of this Agreement,the prevailing Party or Parties shall be entitled to recover its or their respective reasonable attorney's fees and costs. Reimbursement Agreement Page 3 of 4