RES 01105 - Laserfiche WebLink

Amended Cooperative Fee Agreement shall (i) challenge the requirement that such person or entity, participate in either the Cooperative Fee Agreement or this Amended Cooperative Fee Agreement as a condition of approval to a Land Use Entitlement or in connection with obtaining Gm~xh Management Approval, and~or (ii) attempt to set aside or invalidate any provision of either the Cooperative Fee Agreemem or this Amended Cooperative Fee Agreement. and/or (iii) attempt to invalidate agreements of this ~.'pe. then the parties hereto shall continue to conform to the requirements of this Amended Cooperative Fee Agreement during the pendency of any legal, administrative or other action or proceeding. In the event of a challenge by a third part3., to any provision of the either the Cooperative Fee Agreement or this Amended Cooperative Fee Agreement or to agreements of this type, the provisions of Article VIII of this Amended Cooperative Fee Agreement shall apply regarding defense of such a challenge. Section 11.3 Attorneys' Fees. The prevailing party in any action or proceeding to enforce or interpret, or otherwise, arising out of or relating to, this Amended Cooperative Fee Agreement or any provision hereof (including, but not limited, to any trial, arbitration, administrative hearing, or appeal) shall be entitled to recover from each other party all of its costs and expenses, including, but not limited, to reasonable attorneys' fees and experts' fees and disbursements. Any attorneys' fees, experts' fees or disbursements incurred by a party to enforce a judgment in its favor shall be recoverable separately from and in addition to any other amount included in such judgment, and this obligation is intended to be severable from the other provisions of this Amended Cooperative Fee Agreement and shall survive and not be merged into any such judgment. ARTICLE XII NOTICES Section 12.1 Notices. All notices, requests, demands and other communications under this Amended Cooperative Fee Agreement shall be in writing and shall be deemed to have been duly given: (a) on the date of personal delivery if served personally on the party to whom notice is to be given; or (b) on receipt or rejection if deposited in the United States mail registered or certified mall, postage prepaid and return receipt requested, and addressed tO such part3' at its address below or to such other address as the parties may hereafter designate by notice given in accordance with this section. If to City: City Attorney City of Pleasanton P.O. Box 520 Pleasanton,, California 94566 If to District: Superintendent Pleasanton Unified School District 4665 Bemal Avenue Pleasanton, California 94566 June I, 2001 ~.5