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•,' _~ ~ ~ ~ <br />3. Miscellaneous. <br />supersedes all prior oral and written agreements or representations. <br />A. This agreement represents the entire understanding of the parties and <br />B. Time is of essence to this agreement. <br />C. Any action filed to enforce the terms of this agreement shall be filed in <br />the court of appropriate jurisdiction in the County of Alameda, State of California. <br />Entered into as of the date first set forth above. <br />BERNAL INVESTMENT COMPANY, LLC <br />A Delaware Limited Liability Company <br />By: GHC Bernal Investors, LLC <br />A Delaware Limited Liability Company <br />Its Manager <br />By: Greenbriar Homes Communities Inc., <br />A California Corporation, Its Manager <br />._--- <br />By: <br />r <br />Its. ~ ! ~° <br />"City" <br />CITY OF PLEASANTON <br />Deborah Acosta McKeehan <br />City Manager <br />Attest: <br />12 °~. <br />Peggy dr ,City C <br />Approved as to Form: <br />r G~ _ <br />~~G ~ ' ~ ;az ~ ~ <br />~~J -Michael Roush, City Attorney <br />X:\LS\agree0l\sflCastlewood waterline.doc <br />3 <br />