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Ala*, <br /> To Seller: Lawrence Brenner <br /> Attorney at Law <br /> 340 Soquel Drive <br /> Suite 205 <br /> Santa Cruz, CA 95062 <br /> To City: City of Pleasanton <br /> 123 Main Street <br /> Pleasanton, CA 94566 <br /> Attn: City Manager <br /> Facsimile: (925) 931-5482 <br /> Notices which are delivered by hand or electronic mail shall be deemed received upon <br /> delivery; notices which are deposited in the United States mail in accordance with the <br /> terms of this Section shall be deemed received three (3) days after the date of mailing. The <br /> foregoing addresses may be changed by notice to the other party as herein provided. <br /> 4.4 Authority. Each individual executing this Agreement on behalf of Seller or City represents <br /> and warrants that he or she is duly authorized to execute and deliver this Agreement on <br /> behalf of Seller or City, respectively, and that this Agreement is binding upon Seller or City, <br /> respectively, in accordance with its terms. <br /> 4.5 Governing Law. This agreement shall be governed by the construed in accordance with <br /> the laws of the State of California. <br /> 4.6 Time of the Essence. Time is of the essence of every provision herein contained in this <br /> Agreement. <br /> 4.7 Further Assurances. Seller and City shall make, execute, and deliver such documents and <br /> undertake such other and further acts as may be reasonably necessary to carry out the <br /> intent of the parties hereto. <br /> 4.8 Construction. The parties acknowledge that each party and its counsel have reviewed and <br /> revised this Agreement and that the normal rule of construction to the effect that any <br /> ambiguities are to be resolved against the drafting party shall not be employed in the <br /> interpretation of this Agreement or any amendment or exhibits hereto. Regardless of which <br /> party prepared or communicated this Agreement, this Agreement shall be of binding effect <br /> only upon its execution by an authorized representative of each party hereto. This <br /> Agreement contains all of the covenants, conditions and agreements between the parties <br /> and shall supersede all prior correspondence, agreements and understandings, both verbal <br /> and written. No addition or modification of any term or provision shall be effective unless <br /> set forth in writing and signed by Seller and City. <br /> 3 <br />