DUBLIN SAN RAMON SERVICES DISTRICT SETTLEMENT

8. Time; Binding Effect. Time is of the essence for this Agreement. This Agreement shall be binding upon the res- pective successors, legal representatives and assigns of the parties. 9. Termination. In the event this Agreement termina- tes without consummation of any of the covenants, conditions or promises contained herein or the waiver thereof, the parties shall continue appeal of the litigation in the same fashion as if this Agreement had not been executed. Neither party shall be deemed to have waived any right or to have elected any remedy 'by participating in further proceedings in the appeal in the event this Agreement terminates without full and complete consummation or waiver thereof, by reason of default of the other party. 10. Notices. Any notices required or permitted to be delivered by either party to the other may be delivered per- sonally or by United States mail addressed to the respective parties as follows: To Dublin San Ramon Services District, 7051 Dublin Boulevard, Dublin, CA 94566, with copy to Wilson, Morton, Assaf & McElligott, P.O. Box 152, San Mateo, CA 94401, To Volk-McLain Properties, Attention: John D. Heaume, 10889 Wilshire Boulevard, Los Angeles, CA 90024, with copy to Robert A. Seligson, Suite 821, 300 Montgomery Street, San Francisco, CA 94104. 11. Effective Date. This Agreement shall become valid and binding upon the last date hereafter set forth above the signatures of the respective parties. 4