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I <br /> 3.02. Interpretation. As used in this Agreement, and as the context may require, the <br /> singular includes the plural and vice versa, and the masculine 'gender includes the feminine and <br /> neuter and vice versa. <br /> 3.03. Attorneys' Fees. Should any legal action be brought by a Party for breach of this <br /> Agreement or to enforce any provision herein, the prevailing party of such action shall be entitled <br /> to reasonable attorneys' fees, court costs, and such other costs as may be fixed by the court. The <br /> definition of"prevailing party" shall be in accordance with Civil Code section 1717. <br /> 3.04. Assignment. This Agreement and all of its provisions, agreements, rights, <br /> powers, standards, terms, covenants, obligations, benefits and burdens shall be binding upon and <br /> inure to the Parties and their respective heirs, successors (by merger, consolidation, or otherwise), <br /> assigns, devisees, administrators, representatives, lessees, and all other persons or entities <br /> acquiring the Property, whether by sale, operation of law or in'any manner whatsoever, and shall <br /> inure to the benefit of the Parties and their respective heirs, successors (by merger, consolidation <br /> or otherwise) and assigns. <br /> 3.05. Amendments of Agreement. This Agreement may be amended from time to time <br /> only in writing and upon the mutual consent of the Parties. <br /> 3.06. Time Is of the Essence. Time is of the essence in the performance of this <br /> Agreement and each and every provision hereof. <br /> 3.07. Notices. All notices, demands, or other communications that this Agreement <br /> contemplates or authorizes shall be in writing and shall be personally delivered or mailed to the <br /> respective Party as follows: <br /> City Clerk <br /> If to City: 425 N. El Dorado Street, V Floor <br /> Stockton,CA 95202 <br /> Tel: (209) 937-8459 <br /> Fax: (209) 937-8568 <br /> With a copy to: <br /> City of Stockton <br /> Municipal'Utilities <br /> 2500 Navy Drive <br /> Stockton, CA 95206 <br /> Tel: (209) 937-8700 <br /> Fax: (209)937-8708 <br /> If to Developer: Blossom Industrial Park <br /> 5220 Ashley Lane <br /> Stockton,;`CA 95215 <br /> Attention: David Rajkovich <br /> 3 <br />