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05
City of Pleasanton
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CITY CLERK
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AGENDA PACKETS
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2023
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100323 SPECIAL
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05
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9/27/2023 11:56:37 AM
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9/27/2023 11:56:22 AM
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CITY CLERK
CITY CLERK - TYPE
AGENDA REPORT
DOCUMENT DATE
10/3/2023
DESTRUCT DATE
15Y
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EXHIBIT B <br /> With a copy to: <br /> Livermore-Pleasanton Fire Department <br /> 3560 Nevada Street <br /> Pleasanton,CA 94566 <br /> Attn: Fire Chief <br /> Section 5. Execution in Counterparts. This Agreement may be executed in several <br /> counterparts, each of which shall be deemed an original, and all of which shall constitute but one <br /> and the same instrument. <br /> Section 6. Amendments. This Agreement may be amended by mutual agreement of the <br /> Parties, in writing. <br /> Section 7. Incorporation of Recitals and Introductory Parazraph. The Recitals <br /> contained in this Agreement and the introductory paragraph preceding the Recitals are hereby <br /> incorporated into this Agreement as if fully set forth herein. <br /> Section 8. No Third Party Beneficiaries. There are no third-party beneficiaries under <br /> this Agreement and only the Parties expressly referenced herein shall have the right to enforce <br /> this Agreement. <br /> Section 9. Remedies, Any Party may institute an equitable action to cure, correct or <br /> remedy any default, enforce any covenant or agreement herein, enjoin any threatened or <br /> attempted violation thereof, enforce by specific performance the obligations and rights of the <br /> Parties hereto or to obtain any remedies consistent with the foregoing and the purpose of this <br /> Agreement. In no event shall any Party be entitled to monetary damages for breach of this <br /> Agreement by any other Party to this Agreement. <br /> Section 10, Severability. Should any part, term or provision of this Agreement be <br /> decided by the courts to be illegal, in conflict with any law of the State of California, or otherwise <br /> rendered unenforceable or ineffectual, the validity of the remaining parts, terms or provisions <br /> hereof shall not be affected thereby. <br /> Section 11. Waiver. Waiver of a breach or default under this Agreement shall not <br /> constitute a continuing waiver or a waiver of a subsequent breach of the same or any other <br /> provision of this Agreement. <br /> Section 12, Further Assurances, The Parties each will adopt, deliver, execute and make <br /> any and all further assurances,instruments,and resolutions as may be reasonably necessary or proper <br /> to carry out the intention or to facilitate the performance hereof and for the better assuring and <br /> confirming unto each other of the rights and benefits provided to it herein. <br /> Section 13. Governing Law. The interpretation, validity, and enforcement of this <br /> Agreement shall be governed and interpreted in accordance with the laws of the State of <br /> California. Any suit, claim, or legal proceeding of any kind related to this Agreement shall <br /> be filed and heard in a court of competent jurisdiction in the County of Alameda. <br /> Page 3 of 5 <br />
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