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<br />8. Attorneys' Fees. If City or BIC commences an action against the other party <br />arising out of or in connection with this Agreement, the prevailing party shall be <br />entitled to recover reasonable attorneys' fees and costs of suit. Attorneys' fees <br />under this Section shall include attorneys' fees on any appeal and, in addition, a <br />party entitled to attorneys' fees shall be entitled to all other reasonable costs and <br />expenses incurred in connection with such action. In addition to the foregoing <br />award of attorneys' fees to the prevailing party, the prevailing party in any lawsuit <br />shall be entitled to its attorneys' fees incurred in any post judgment proceedings <br />to collect or enforce the judgment. This provision is separate and several and <br />shall survive the merger of this Agreement into any judgment on this Agreement. <br />9. Venue. The venue for any action to interpret or enforce this Agreement shall be <br />the appropriate court in the County of Alameda, State of California. <br />10. Notice. Written notices, demands, .correspondence and communications between <br />the City and BIC shall be deemed given if sent by first class mail, nationally <br />established overnight courier that guarantees next day delivery and provides a <br />receipt therefor, postage prepaid, or by facsimile, to the offices of the City and <br />BIC or such other address as either party may from time-to-time designate in <br />writing as provided in this Section. <br />City: City Manager <br />City of Pleasanton <br />P.O. Box 520 <br />Pleasanton, CA 94566 <br />BIC: Bernal Investment Company, LLC <br />7901 Stoneridge Drive, Suite 504 <br />Pleasanton, CA 94588 <br />Attn: Patrick Costanzo, Jr. <br />With a copy to: <br />KB Home South Bay, Inc. <br />2201 Walnut Ave, Suite 150 <br />Fremont, CA 94538 <br />Attn: Land Acquisition Director <br />Notices delivered by deposit in the United States mail as provided above shall be <br />deemed to have been served 48 hours after the date of deposit. Notices delivered <br />by overnight courier or facsimile shall be deemed to have been served upon <br />delivery to the other party. <br />11. Third Partv Beneficiaries. This Agreement is not intended, nor shall it be <br />construed, to create any third party beneficiary rights in any person, including, <br />without limitation, UPRR, who is not a party hereto. <br />37232/893603v3 Page 3 of 4 <br />