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~ ~ <br />Section 5. Manner of Disbursement. <br />The right to the Reimbursable Costs shall be personal to Developer and shall <br />continue notwithstanding the subsequent sale or transfer of the Property. Developer shall <br />have the right, in its sole discretion, to assign its interest to the Reimbursable Costs to <br />another person or entity at any time by providing City written notice of such assignment. <br />The Developer hereby directs that any Reimbursable Costs due to the Developer <br />pursuant to this Agreement shall be payable to the Developer and mailed to: <br />Bernal Investment Company LLC <br />c/o Greenbriar Homes Communities <br />43160 Osgood Road <br />Fremont CA 94539 ~~. ~ <br />Attn: A~4~ellael-~a~n ~~'~"~`~+'~ C='y'~'^wz <br />copies to: KB Home South Bay, Inc. <br />6700 Koll Center Parkway, Suite 200 <br />Pleasanton, CA 94566 <br />Attn: Denise Cunningham <br />South Bay Development Company <br />1690 Dell Avenue <br />Campbell, CA 95008 <br />Attn: Dan Rosenbaum <br />The Developer may change the payee and/or address of payments by notice in <br />writing to City, such notice to be effective upon receipt by City. <br />Section 6. Term <br />Upon payment by City to Developer in full after the date of acceptance of the <br />Improvements by the City, this Agreement shall terminate. <br />Section 7. Amendments. <br />Any amendment, modification, suspension or cancellation of this Agreement must <br />be in writing agreed upon by all parties. <br />Section 8. Disputes. <br />Disputes arising under this Agreement shall be filed with the City Manager, who <br />shall be authorized to resolve such disputes. Any decision made by the City Manager <br />with respect to this Agreement may be appealed to the City Council. Any such appeal to <br />Bernal Investment Company LLC -Tract 7255 Page 3 <br />