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11
City of Pleasanton
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CITY CLERK
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AGENDA PACKETS
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2022
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062122
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6/17/2022 8:15:28 AM
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6/17/2022 8:09:10 AM
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CITY CLERK
CITY CLERK - TYPE
AGENDA REPORT
DOCUMENT DATE
6/21/2022
DESTRUCT DATE
15Y
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with full knowledge of any right which they may have; they have received independent legal <br />advice from their respective legal counsel as to the matters set forth in this Agreement, or have <br />knowingly chosen not to consult legal counsel as to the matters set north in this Agreement; and, <br />they have freely signed this Agreement without any reliance upon any agreement, promise, <br />statement or representation by or on behalf of the other Party, or its officers, officials, agents, <br />employees, volunteers, representatives, attorneys, or consultants, except as specifically set forth <br />in this Agreement, and without duress or coercion, whether economic or otherwise. <br />Section 6.10 Cooperation. Each Party agrees to cooperate with the other in this <br />transaction and, in that regard, shall execute any and all documents which may be reasonably <br />necessary, helpful, or appropriate to carry out the purposes and intent of this Agreement. <br />Section 6.11 Conflicts of interest. No member, official or employee of City shall have <br />any personal interest, direct or indirect, in this Agreement, nor shall any such member, official or <br />employee participate in any decision relating to the Agreement which affects his or her personal <br />interests or the interests of any corporation, partnership or association in which he or she is <br />directly or indirectly interested. <br />Section 6.12 Applicable Law. The laws of the State of California, without regard to <br />conflict of laws principles, shall govern the interpretation and enforcement of this Agreement. <br />Section 6.13 No Third -party Beneficiaries. There are no third -party beneficiaries to <br />this Agreement. <br />Section 6.14 Interpretation. The captions preceding the sections of this Agreement <br />have been inserted for convenience of reference only and such captions shall in no way define or <br />limit the scope or intent of any provision of this Agreement. This Agreement has been <br />negotiated at arm's length and between persons sophisticated and knowledgeable in the matters <br />dealt with herein and shall be interpreted to achieve the intents and purposes of the Parties, <br />without any presumption against the Party responsible for drafting any part of this Agreement. <br />Provisions in this Agreement relating to number of days shall be calendar days. Use of the word <br />"including" means `including, without limitation." As used in this Agreement, masculine, <br />feminine or neuter gender and the singular or plural number shall each be deemed to include the <br />others where and when the context so dictates. The recitals to this Agreement and all exhibits <br />attached hereto are incorporated by reference, as though fully restated herein. <br />Section 6.15 Time of Essence. Time is of the essence with respect to all obligations of <br />Costco under this Agreement. <br />Section 6.16 City Approvals and Actions. Whenever a reference is made herein to an <br />action or approval to be undertaken by City, the City Manager or his or her designee is <br />authorized to act on behalf of City unless specifically provided otherwise or the context should <br />require otherwise. <br />Section 6.17 Attorneys' Fees. In the event that either Party to this Agreement brings an <br />action or proceeding for a declaration of the rights of the parties under this Agreement, for <br />injunctive relief or for an alleged breach or default of this Agreement, or in any other action <br />arising out of this Agreement or the transactions contemplated by this Agreement, the <br />17 <br />1310 01 2218870.S <br />2;7/2018 <br />
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