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iv-vi., No change. <br />vii. Primary Insurance. BIC shall provide insurance that is primary as <br />respects the City, Zone 7, the State of California, and their respective officers, agents and <br />employees. <br />vii-x., No change. <br />3. Binding of Land and Successors. Section 12, "Binding on Land and Successors," is <br />amended as follows: <br />All covenants, promises and agreements contained in the Agreement, the First <br />Amendment, and this Second Amendment shall pertain to and do hereby expressly run with the <br />land controlled by BIC and described in the Agreement as amended. The Agreement, the First <br />Amendment and this Second Amendment shall bind and inure to the parties hereto, including <br />heirs, assigns, executors, administrators, and all other parties whether they succeed by operation <br />of law or voluntary acts of BIC. <br />4. Related Contracts and Proceedings. All other terms of the Agreement, as amended, <br />shall remain in full force. Any prior contracts between City and BIC and any prior approvals by <br />Boards, Commissions or Council of City shall not be affected by the provisions of the <br />Agreement, the First Amendment, or this Second Amendment, unless specific modification is set <br />forth in the Agreement, the First Amendment, or this Second Amendment. <br />The parties hereto affix their signatures to this Second Amendment as of the date and <br />year first written above. <br />CITY OF PLEASANTON <br />Nelson Fi lho, City Manager <br />ATTEST: <br />~~~ ~ <br />~ ~/AZ, erk <br />APPROVED AS TO FORM: <br />/Michael H. Roush, City Attorney <br />5 <br />