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09
City of Pleasanton
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CITY CLERK
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AGENDA PACKETS
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2022
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071922
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Last modified
7/14/2022 3:03:29 PM
Creation date
7/14/2022 2:27:16 PM
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CITY CLERK
CITY CLERK - TYPE
AGENDA REPORT
DOCUMENT DATE
7/19/2022
DESTRUCT DATE
15Y
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09 SUPPLEMENTAL
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\CITY CLERK\AGENDA PACKETS\2022\071922
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i <br /> I <br /> With a copy to: <br /> i Pacific Bell Telephone Company <br /> 208 S Akard Street <br /> Dallas,TX 78202 <br /> Attn:AVP/Senlor Legal Counsel <br /> H. If an term or <br /> Severabiti�Y• Y provision of this TCE Agreement shall, to any extent, be held <br /> invalid or unenforceable, the remainder of this TCE Agreement shall not be affected, so long as the <br /> economic or legal substance of the transactions contemplated hereby is not affected in any mariner <br /> adverse to either party. Upon such determination that any term or provision is illegal or incapable of <br /> being enforced, the parties hereto shall negotiate in good falth to modify this TCE Agreement so as <br /> to effect the original intent of the parties as closely as possible in an acceptable manner to the end <br /> that transactions cordemplated hereby are fulfilled to the greatest extent possible. <br /> i <br /> I. Const=fign, Sedan headings are solely for the convenience of the parties and are not a <br /> part of and shall not be used to interpret this TCE Agresam t. The singular form shaft include the <br /> plum and vice vwsa. This TCE Agreement shall not be construed as if it had been prepared by one <br /> of the parties,but rather as if both partes have prepared it. Unless otherwise indicated,all references <br /> to Sections are to this TCE Agreement. <br /> The parties have executed this TCE Agreement as of the date signed by the CITY. <br /> CITY OF PLEASANTON GRANTOR: Pacific Beit Telephone Company,a <br /> California corporation,formerly known as and <br /> which acquired title as Pacific Telephone and <br /> Telegraph Company,a California Corporation <br /> By: ®y: <br /> Hamlet OrloslcT <br /> Its: its:Sr. Portfolio i Transactions Manager <br /> Matte: gate: 4/7/:X62.2.. <br /> Approved as to Legal Form: <br /> By: <br /> Attachments: <br /> 1. Property Legal Description <br /> 2. Temporary Construction Easements(2), including their Exhibits A and B <br /> 3. Street Improvement Plan, pages C1.7 and C1.8 <br /> Poor 4&4 <br />
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