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03
City of Pleasanton
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CITY CLERK
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AGENDA PACKETS
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2017
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121917
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03
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12/13/2017 2:12:47 PM
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CITY CLERK
CITY CLERK - TYPE
AGENDA REPORT
DOCUMENT DATE
12/19/2017
DESTRUCT DATE
15Y
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93103418 <br /> • ten (10) days notice of such change in the manner provided for in <br /> this Section 18.1. All notices under this Agreement shall be <br /> deemed given, received, made or communicated on the date personal <br /> delivery is effected or, if mailed, on the deliverydate or <br /> attempted delivery date shown on the return receipt. <br /> 19. Miscellaneous. <br /> 19.1 Negation of Partnership. The parties specifically <br /> acknowledge that the Project is a private development, that <br /> neither Party is acting as the agent of the other in any respect <br /> hereunder, and that each Party is an independent contracting <br /> entity with respect to the terms, covenants and conditions <br /> contained in this Agreement. None of the terms or provisions of <br /> this Agreement shall be deemed to create a partnership between or <br /> among the Parties in the businesses of Developer, the affairs of <br /> City, or otherwise, nor shall it cause them to be considered <br /> joint venturers or members of any joint enterprise. <br /> 19.2 Approvals. Unless otherwise provided herein, <br /> whenever approval, consent or satisfaction (herein collectively <br /> referred to as an "approval") is required of aParty pursuant to <br /> this Agreement, such approval shall not be unreasonably withheld. <br /> If a Party shall disapprove, the reasons therefor shall be stated <br /> in reasonable detail in writing. <br /> 19.3Proftct Approvals independent. All Approvals <br /> which may be granted pursuant to this Agreement, and all <br /> Approvals or other land use approvals which have been or may be <br /> issued or granted by the City with respect to the Property, <br /> constitute independent actions and approvals by the City. If any <br /> provisions of this Agreement or the application of any provision <br /> of this Agreement to a particular situation is held by a court of <br /> competent jurisdiction to be invalid or unenforceable, such <br /> invalidity or unenforceability shall not affect the validity or <br /> : effectiveness of any Approvals or other land use approvals. In <br /> such cases, such Approvals will remain in effect pursuant to <br /> their own terns, provisions and conditions. <br /> 19.4 Fot A Public Dedication. Nothing herein contained <br /> shall be deemed to be a gift or dedication of the Property or any <br /> portion thereof to the general public or for any public use or <br /> purpose whatsoever. Developer shall have the right to prevent or <br /> prohibit the use of the Property or any portion thereof, <br /> including common areas and buildings and improvements located <br /> thereon, by any person for any purposes inimical to the operation <br /> thereof. <br /> 19.5 Severab' i v. Invalidation of any of the <br /> provisions contained in this Agreement, or of the application <br /> thereof to any person, by judgment or court order, shall in no <br /> way affect any of the other provisions hereof or the application <br /> thereof to any other person or circumstance, and the same shall <br /> remain in full force and effect, unless enforcement of this <br /> -17- <br />
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