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City of Pleasanton
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2/25/2016 4:13:47 PM
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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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12.15 Time of the Essence; Calculation of Time Periods. Time is of the essence for <br /> each condition,term, obligation and provision of this Agreement. Unless otherwise specified, in <br /> computing any period of time described in this Agreement, the day of the act or event after <br /> which the designated period of time begins to run is not to be included and the last day of the <br /> period so computed is to be included,unless such last day is not a business day, in which event <br /> the period shall run until the next business day. The final day of any such period shall be <br /> deemed to end at 5:00 p.m., local time at the Property. For purposes of this Agreement, a <br /> "business day"means a day that is not a Saturday, Sunday, a federal holiday or a state holiday <br /> under the laws of the State of California. <br /> 12.16 Governing Law; Venue. This Agreement shall be governed by and construed in <br /> accordance with the laws of the State of California without regard to principles of conflicts of <br /> laws. Any action to enforce or interpret this Agreement shall be filed and heard in the Superior <br /> Court of Alameda County, California or in the Federal District Court for the Northern District of <br /> California. <br /> 12.17 Inspection of Books and Records. Upon request, Developer shall permit the City <br /> to inspect at reasonable times and on a confidential basis those books,records and all other <br /> documents of Developer necessary to determine Developer's compliance with the terms of this <br /> Agreement. <br /> 12.18 Political Activity. None of the funds, materials, property or services contributed <br /> by City to Developer under this Agreement shall be used for any partisan political activity or the <br /> election or defeat of any candidate for public office. <br /> 12.19 Non-Liability of City Officials, Employees and Agents. No member, official, <br /> employee or agent of the City shall be personally liable to the Developer in the event of any <br /> default or breach by the City or for any amount which may become due to the Developer or its <br /> successor or on any obligation under the terms of this Agreement. <br /> 12.20 Conflict of Interest. <br /> (a) Except for approved eligible administrative or personnel costs, no person <br /> described in subsection(b) below who exercises or has exercised any functions or <br /> responsibilities with respect to the activities funded pursuant to this Agreement or who is in a <br /> position to participate in a decision-making process or gain inside information with regard to <br /> such activities, may obtain a personal or financial interest or benefit from the activity, or have an <br /> interest in any contract, subcontract or agreement with respect thereto, or the proceeds <br /> thereunder, either for themselves or those with whom they have family or business ties, during, <br /> or at any time after, such person's tenure. The Developer shall exercise due diligence to ensure <br /> that the prohibition in this Section is followed. <br /> (b) In accordance with Government Code Section 1090 and the Political Reform Act, <br /> Government Code Section 87100 et seq., no person who is a director, officer,partner,trustee or <br /> employee or consultant of the Developer, or immediate family member of any of the preceding, <br /> shall make or participate in a decision, made by the City or a City board, commission or <br /> OAK 144822-6539-6013 v3 40 <br />
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