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(i) To Contractor: <br /> <br />(ii) To City: <br /> <br />5266 Hollister Avenue, Suite 324 <br />Santa Barbara, CA 92111 <br />Attn: Mr. Harvey G. Ryland <br /> <br />200 Bernal Avenue <br />P. O. Box 520 <br />Pleasanton, CA 94566 <br />Attn: City Manager <br /> <br />XII. This Agreement shall inure to the benefit of and be binding <br /> upon respective successors and assigns of the parties hereto, <br /> without, however, relieving the parties of any of their <br /> obligations hereunder without the consent of the other party. <br /> <br />XIII. This Agreement may be executed in any number of counterparts <br /> and each such executed counterpart shall be deemed to be an <br /> original instrument; ho~ever, all such executed copies together <br /> shall constitute one and the same agreement. <br /> <br />XIV. If any term, provision, or covenant of this Agreement is <br /> held by a court of competent jurisdiction to be invalid, void <br /> or unenforceable, the remainder of the provisions shall remain <br /> in force and effect and shall in no way be affected, impaired <br /> or invalidated. <br /> <br />XV. <br /> <br />Neither party hereto shall be liable for any damages proximately <br />resulting from the negligent or wrongful acts or omissions <br />of the other party's employees or agents in the performance <br />of this Agreement; and the party causing the negligent or <br />wrongful acts or omissions shall indemnify, defend, and save <br />harmless the other party from any such damage or liability. <br /> <br />XVI. If any action at law or in equity is necessary to enforce or <br /> interpret the terms of this Agreement, the prevailing party <br /> shall be entitled to reasonable attorney's fees, costs and <br /> necessary disbursements in addition to any other relief to <br /> which that party may be entitled. <br /> <br />-8- <br /> <br /> <br />