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<br />such sums as the court, referee or arbitrator may adjudge to be reasonable attomeys fees in the <br />action or proceeding, in addition to costs and expenses otherwise allowed by law. <br /> <br />(e) This Agreement (i) integrates all the terms and conditions mentioned in or <br />incidental to this Agreement, (ii) supersedes all oral negotiations and prior writings with respect <br />to its subject matter, and (iii) is intended by the Parties as the final expression of the agreement <br />with respect to the terms and conditions set forth in this Agreement and as the complete and <br />exclusive statement ofthe terms agreed to by the Parties. This Agreement may not be modified <br />except in a writing signed by both Parties. No course of prior dealing, usage of trade, or parol or <br />extrinsic evidence of any nature shall be sued to supplement, modify or vary any of the terms of <br />this Agreement. <br /> <br />Section 1.6Notices. <br /> <br />Any notice, request, demand, consent, approval or other communication given under this <br />Agreement, or (unless otherwise provided in such notice, request, demand, consent, approval or <br />other communication) under any of the instruments or documents referred to or contemplated by <br />this Agreement, or in connection with this Agreement shall be in writing and shall sent by (i) <br />certified mail, retum receipt requested, postage and fees prepaid, (ii) or reputable ovemight <br />delivery service with a delivery receipt, or (iii) delivered personally with a delivery receipt, in <br />each case addressed to the Party to receive such notice at its address as follows: <br /> <br />City: <br /> <br />City of Pleasant on <br />P.O. Box 520 <br />Pleasanton, CA 94566 <br />Attn: City Manager <br /> <br />Developer: <br /> <br />BLP Partnership, Inc. <br />345 Spear Street, Suite 700 <br />San Francisco, CA 94105 <br />Attn: President <br /> <br />Delivery shall be deemed to have occurred on the date shown on the delivery receipt as the date <br />of delivery, the date delivery was refused, or the date the notice was returned as undeliverable. <br /> <br />ARTICLE 2. MEMORANDUM OF AGREEMENT. <br /> <br />Upon the request of the City, the Developer will execute a memorandum of this <br />Agreement in recordable form for recordation in the records of the County of Alameda. <br /> <br />3 <br /> <br />144\105\159109.9 <br />