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Should (i) the Closing Date not occur on or berfore December 31, 2009, or (ii) <br />Transaction Counsel receive prior to the Closing Date written notification from Seller or Seller's <br />Counsel stating, respectively and in good faith, that the representations made in the Seller's <br />Certificate are not true and accurate, or the opinions set forth in the Opinion of Seller's Counsel <br />are not valid, in each case as of the Closing Date and provided that the Purchaser may, in its sole <br />discretion, choose to waive receipt of such representations or opinions, then this agreement shall <br />terminate and Transaction Counsel shall destroy all of the enclosed documents. <br />Very truly yours, <br />CITY OF SAN LEANDRO <br />Authorized Officer <br />Enclosures <br />cc: Orrick, Herrington & Sutcliffe LLP <br />E-2 <br />