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predominantly prevailing party in any such action shall be entitled to an award of reasonable attorneys' fees and any court costs incurred in such action or proceeding, in addition to any other damages or relief awarded, regardless of whether such action proceeds to final judgment. Section 6.18 Land Use Entitlements and Permits. The execution of this Agreement does not constitute the grant ofany required land use entitlement or permit,and all land use entitlements and permits contemplated by this Agreement and required from the City,shall be granted,denied,or conditionally granted in accordance with the City's established procedures and in compliance with all applicable laws,rules,regulations and requirements including but not limited to the requirements of CEQA and the CEQA Guidelines. Notwithstanding any language in this Agreement that may be construed to the contrary,the City retains its full discretion to grant,deny or conditionally grant any and all entitlements or permits sought by Costco for the JDEDZ and the Costco Store, and such discretion includes but is not limited to the discretion to exercise its independent judgment and impose on such approvals all mitigation measures and conditions that City determines are required or appropriate under CEQA and the CEQA Guidelines. No action by Costco or the City with reference to this Agreement shall be deemed a representation or warranty to Costco,or to any other person or entity,that the City will issue or approve any entitlements or permits,nor constitute a waiver of any state or City requirements that are applicable to the JDEDZ or the Costco Store. [SIGIVATURES ON THE rOLLOYi'IAIG PAGE.J 18 1310 01N31IS870.8 2/7;2018