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REV: 07-08-26 MI <br />Section 5.09. Amendment of this Agreement. This Agreement may be amended from time to <br />time, in whole or in part, only by written amendment executed by the Parties. <br />Section 5.10. Authority. The individuals executing this Agreement represent and warrant that they <br />have the legal power, right and actual authority to bind Developer to the terms and conditions of <br />this Agreement. <br />Section 5.11. This Agreement may be executed in two (2) duplicate originals, each of which is an <br />original, but all of which taken together is considered one and the same instrument. <br />Section 5.12. Electronic Signatures. Electronic signatures may be used in place of original <br />signatures on this Agreement. Each Party intends to be bound by the signatures on the electronic <br />document, is aware that the other Parties will rely on the electronic signatures, and hereby waives <br />any defenses to the enforcement of the terms of this Agreement based on the use of an electronic <br />signature. After all Parties agree to the use of electronic signatures, all Parties must sign the <br />document electronically. <br />Section 5.13. Entire Agreement. This Agreement constitutes the complete and exclusive <br />agreement between City and Developer as to the matters contained herein, and supersedes and <br />cancels any prior or contemporaneous oral or written understanding, promises, or representations <br />with respect to the matters covered herein. <br />(Signature page follows) <br />ATTY/AGR.2026.193/Mecah Ventures (1330 El Camino Real) (Page 8 of 9)