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predominantly prevailing party in any such action shall be entitled to an award of reasonable <br /> attorneys' fees and any court costs incurred in such action or proceeding, in addition to any other <br /> damages or relief awarded, regardless of whether such action proceeds to final judgment. <br /> Section 6.18 Land Use Entitlements and Permits. The execution of this Agreement <br /> does not constitute the grant of any required land use entitlement or permit, and all land use <br /> entitlements and permits contemplated by this Agreement and required from the City,shall be <br /> granted,denied,or conditionally granted in accordance with the City's established procedures <br /> and in compliance with all applicable laws,rules, regulations and requirements including but not <br /> limited to the requirements of CEQA and the CEQA Guidelines. Notwithstanding any language <br /> in this Agreement that may be construed to the contrary, the City retains its full discretion to <br /> grant,deny or conditionally grant any and all entitlements or permits sought by Costco for the <br /> JDEDZ and the Costco Store, and such discretion includes but is not limited to the discretion to <br /> exercise its independent judgment and impose on such approvals all mitigation measures and <br /> conditions that City determines are required or appropriate under CEQA and the CEQA <br /> Guidelines. No action by Costco or the City with reference to this Agreement shall be deemed a <br /> representation or warranty to Costco, or to any other person or entity,that the City will issue or <br /> approve any entitlements or permits,nor constitute a waiver of any state or City requirements <br /> that are applicable to the JDEDZ or the Costco Store. <br /> [SIGNATURES ON THE FOLLOWING PAGE.) <br /> 18 <br /> 1310 0I`3218870.8 <br /> 2/7/2018 <br />