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4. The Parties have executed and recorded this instrument to give notice of the OPA <br />and the respective rights of the Parties thereunder. Copies of the unrecorded OPA are <br />available at the offices of the Agency, 835 East 14th Street, San Leandro, California, 94577 <br />and such document is incorporated by reference in its entirety in this Memorandum. This <br />Memorandum is solely for recording purposes and shall not be construed to alter, modify, <br />amend or supplement the OPA. In the event of any inconsistency between this <br />Memorandum and the OPA, the OPA shall control. <br />5. This Memorandum shall be interpreted and enforced in accordance with California <br />law without regard to principles of conflict of laws. This Memorandum may be executed in <br />counterparts. <br />6. The OPA shall bind and inure to the benefit of the Parties and their respective <br />successors and assigns. <br />SIGNATURES ON FOLLOWING PAGE <br />1180282-3 2 <br />