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Bernal Avenue Associates/City of Pleasanton Agreement <br /> October 14, 1986 <br /> Page 15 <br /> <br /> 12.3 Attorneys' Fees. In the event of any dispute <br /> between the parties involving the covenants or conditions <br /> contained in this Agreement, the prevailing party shall be <br /> entitled to recover reasonable expenses, attorneys' fees and <br /> costs. <br /> <br /> 12.4 No Waiver. No delay or omission by the City in <br /> exercising any right or power accruing upon the noncompliance <br /> or failure to perform by Developer under the provisions of this <br /> Agreement shall impair any such right or power or be construed <br /> to be a waiver thereof. A waiver by City of any of the <br /> covenants or conditions to be performed by Developer shall not <br /> be construed as a waiver of any succeeding breach of the same <br /> or other covenants and conditions hereof. <br /> <br /> 12.5 Attachments. The following exhibits attached <br /> <br /> hereto are incorporated herein by this reference. <br /> Attachment 1 - Property Description <br /> Attachment 2 - Ordinance 1257 and Exhibit A <br /> Attachment 3 - Limitation on LOS Conditions <br /> Attachment 4 - Undeveloped Parcels <br /> Attachment 5 - Additional Dedication <br /> Attachment 6 - Landscape Plan <br /> <br />13. NOTICE. <br /> <br /> 13.1 To Developer. Any notice required or permitted to <br /> <br />be given by City to Developer under or pursuant to this <br />Agreement shall be deemed sufficiently given if in writing and <br />delivered personally to an officer of Developer, or mailed, <br /> <br /> <br />