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03
City of Pleasanton
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2016
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CITY CLERK
CITY CLERK - TYPE
AGENDA REPORT
DOCUMENT DATE
3/1/2016
DESTRUCT DATE
15Y
DOCUMENT NO
03
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deemed to include the same statute, regulation, ordinance or resolution as hereafter amended or <br /> renumbered, or if repealed,to such other provisions as may thereafter govern the same subject. <br /> 12.9 Action or Approval. Whenever action and/or approval by City is required under <br /> this Agreement,the City's Authorized Representative or his or her designee may act on and/or <br /> approve such matter unless specifically provided otherwise, or unless the City's Authorized <br /> Representative determines in his or her discretion that such action or approval requires referral to <br /> City Council for consideration. <br /> 12.10 Entire Agreement. This Agreement, including Exhibits A through F attached <br /> hereto and incorporated herein by this reference, together with the other City Documents contains <br /> the entire agreement between the Parties with respect to the subject matter hereof, and supersedes <br /> all prior written or oral agreements, understandings, representations or statements between the <br /> Parties with respect to the subject matter hereof. If the Exhibits to this Agreement are <br /> inconsistent with this Agreement,the more restrictive requirements shall control, as determined <br /> by the City's Authorized Representative. In the event of a conflict between this Agreement and <br /> the other City Documents,the more restrictive requirements shall control, as determined by the <br /> City's Authorized Representative. <br /> 12.11 Counterparts. This Agreement may be executed in one or more counterparts, each <br /> of which shall be an original and all of which taken together shall constitute one instrument. The <br /> signature page of any counterpart may be detached therefrom without impairing the legal effect <br /> of the signature(s)thereon provided such signature page is attached to any other counterpart <br /> identical thereto having additional signature pages executed by the other Party. Any executed <br /> counterpart of this Agreement may be delivered to the other Party by facsimile and shall be <br /> deemed as binding as if an originally signed counterpart was delivered. <br /> 12.12 Severability. If any term, provision, or condition of this Agreement is held by a <br /> court of competent jurisdiction to be invalid or unenforceable,the remainder of this Agreement <br /> shall continue in full force and effect unless an essential purpose of this Agreement is defeated <br /> by such invalidity or unenforceability. <br /> 12.13 No Third Party Beneficiaries. Except as expressly set forth herein, nothing <br /> contained in this Agreement is intended to or shall be deemed to confer upon any person, other <br /> than the Parties and their respective successors and assigns, any rights or remedies hereunder. <br /> 12.14 Parties Not Co-Venturers; Independent Contractor; No Agency Relationship.. <br /> Nothing in this Agreement is intended to or shall establish the Parties as partners, co-venturers, <br /> or principal and agent with one another. The relationship of Developer and City is and shall <br /> remain solely that of a debtor and a creditor, and shall not be construed as a joint venture, equity <br /> venture, partnership or any other relationship. City neither undertakes nor assumes any <br /> responsibility or duty to Developer(except as expressly provided in this Agreement)or to any <br /> third party with respect to the Project or the Loan. Developer and its employees are not <br /> employees of City but rather are,and shall always be considered independent contractors. <br /> Furthermore, Developer and its employees shall at no time hold themselves out as employees or <br /> agents of City. Except as City may specify in writing, Developer shall not have any authority to <br /> act as an agent of City or to bind City to any obligation. <br /> OAK#4822-6539-6013 v3 39 <br />
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