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4. The Parties have executed and recorded this instrument to give notice of <br /> the OPA and the respective rights of the Parties thereunder. Copies of the unrecorded <br /> OPA are available at the offices of the City, 835 East 14th Street, San Leandro, <br /> California, 94577 and such document is incorporated by reference in its entirety in this <br /> Memorandum. This Memorandum is solely for recording purposes and shall not be <br /> construed to alter, modify, amend or supplement the OPA. In the event of any <br /> inconsistency between this Memorandum and the OPA, the OPA shall control. <br /> 5. This Memorandum shall be interpreted and enforced in accordance with <br /> California law without regard to principles of conflict of laws. This Memorandum may be <br /> executed in counterparts. <br /> 6. The OPA shall bind and inure to the benefit of the Parties and their <br /> respective successors and assigns. <br /> SIGNATURES ON FOLLOWING PAGE <br /> 144\221\1596562.3 <br />