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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 pen -nits, nor constitute a waiver of any state or City requirements <br />that are applicable to the JDEDZ or the Costco Store. <br />[SiGArA TURES ON THE FOLLO TEING PAGE.] <br />18 <br />1310 01)2218870.8 <br />2/7/2018 <br />