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ambiguity shall be construed against the Party drafting the clause shall apply to the interpretation <br /> or enforcement of this Agreement <br /> NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS <br /> AGREEMENT, THE PARTIES ACKNOWLEDGE AND AGREE THAT NO OFFICER OR <br /> EMPLOYEE OF EITHER PARTY HAS AUTHORITY TO COMMIT CITY OR BUYER TO <br /> THIS AGREEMENT UNLESS AND UNTIL RESOLUTIONS OF CITY'S PUBLIC <br /> UTILITIES COMMISSION AND BOARD OF SUPERVISORS AND BUYER'S CITY <br /> COUNCIL SHALL HAVE BEEN DULY ENACTED APPROVING THIS AGREEMENT <br /> AND AUTHORIZING THE TRANSACTIONS CONTEMPLATED BY THIS AGREEMENT <br /> THEREFORE, ANY OBLIGATIONS OR LIABILITIES OF THE PARTIES HEREUNDER <br /> ARE CONTINGENT UPON THE DUE ENACTMENT OF SUCH RESOLUTIONS, AND <br /> THIS AGREEMENT SHALL BE NULL AND VOID IF CITY'S PUBLIC UTILITIES <br /> COMMISSION, BOARD OF SUPERVISORS AND MAYOR DO NOT APPROVE THIS <br /> AGREEMENT AT THEIR RESPECTIVE SOLE DISCRETION OR IF THE BUYER'S CITY <br /> COUNCIL DOES NOT APPROVE THIS AGREEMENT AT ITS SOLE DISCRETION <br /> APPROVAL OF THE TRANSACTIONS CONTEMPLATED BY THIS AGREEMENT BY <br /> ANY DEPARTMENT, COMMISSION OR AGENCY OF THE PARTIES SHALL NOT BE <br /> DEEMED TO IMPLY THAT SUCH RESOLUTION WILL BE ENACTED NOR WILL ANY <br /> SUCH APPROVAL CREATE ANY BINDING OBLIGATIONS ON EITHER PARTY <br /> [SIGNATURES ON FOLLOWING PAGE] <br /> 15 <br />