08 - Laserfiche WebLink

J. The insurer shall agree to waive all rights of subrogation against the City, its officers, officials, employees, officials and agents for losses arising from work performed by the Subdivider. K. The insurer shall provide the amount of self-insured retention and City shall have the right to disapprove insurance coverage if it deems the self-insured retention exceeds reasonable deduction. 13. Attorney's Fees. In the event that either party shall file and prevail in any action or suit for the enforcement of any of its rights under this Agreement, the non-prevailing party shall pay to the prevailing party reasonable attorney's fees and costs as may be fixed by the court on account thereof. 14. Notices. All notices herein required shall be in writing and shall be delivered in person or sent by certified mail, postage prepaid. Notices required to be given to City shall be addressed as follows: City Manager Kontech USA, Inc. City of Pleasanton Attn: Tim Samuel P.O. Box 520 1807 Sannita Court Pleasanton, CA 94566 Pleasanton, CA 94566 15. Binding on Land and Successors. All covenants, promises and agreements contained in this Agreement shall pertain to and do hereby expressly run with the land controlled by Subdivider and described herein. This Agreement shall bind and inure to the parties hereto, including heirs, assigns, executors, administrators, and all other parties whether they succeed by operation of law or voluntary acts of Subdivider. 16. Applicable Law. This Agreement shall be subject to the laws of California and any action to enforce the terms of this Agreement shall be filed in the Alameda County Superior Court. This Agreement is executed as of the date and year first written above. Subdivision Agreement Tract 7968 by Kontech USA,Inc. Page 6 of 7