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SR 05:062
City of Pleasanton
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2005
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SR 05:062
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2/24/2005 10:37:42 AM
Creation date
2/24/2005 9:37:35 AM
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CITY CLERK
CITY CLERK - TYPE
STAFF REPORTS
DOCUMENT DATE
3/1/2005
DESTRUCT DATE
15 Y
DOCUMENT NO
SR 05:062
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by their attorneys with respect to their rights and obllgat½ons under this Agreement and <br /> understand those rights and obligations. The Pariies also acknowledge that, prior to the <br /> execution of this Agreement, they and their legal counsel have had an adequate opportunity to <br /> make whatever investigation or inquiries were deemed necessary or desirable with respect to the <br /> subject matter of this Agreement. Therefore, no party shall be deemed to be the scrivener of this <br /> Agreement, and the language of this Agreement shall not be construed either in favor of or <br /> against any Party. <br /> <br />I The Parties acknowledge that the consideration recited herein is the sole and <br /> only <br /> consideration for this Agreement and that they have voluntarily entered into this Agreement and <br /> that no representations, promises or inducements have been made other than those, which appear <br /> in this Agreement. <br /> <br /> The Parties understand and agree that, if the facts to which this Agreement is <br /> executed are found hereinafter to be other than, or different from, the facts now believed by them <br /> to be true, the Parties expressly accept and agree that this Agreement shall be and remain <br /> effective notwithstanding such differences. <br /> <br /> 10. Notices. Except as specifically provided to the contrary elsewhere in this <br /> Agreement, any notice or communication required hereunder between any Parties must be in <br /> writing, and shall be delivered personally, by telefacsimile (with original forwarded by U.S. <br /> Mail) or by Federal Express or other similar courier promising overnight delivery. If personally <br /> delivered, a notice shall be deemed to have been given and received when delivered to the Party <br /> to whom it is addressed. If given by facsimile transmission, a notice or a communication shall <br /> be deemed to have been given and received upon an actual physical receipt of the entire <br /> document by the receiving Party's facsimile machine. Notices transmitted after 5:00 p.m. on a <br /> normal business day, or on a Saturday, Sunday or holiday, shall be deemed to have been given or <br /> received on the next business day. If notice is given by Federal Express or similar courier, a <br /> notice of communication shall be deemed to have been given and received on the date delivered <br /> as shown on the receipt issued by the courier, provided that any notice delivered on Saturday, <br /> Sunday or holiday shall be deemed to have been given or received on the next business day. <br /> Such notices or communication shall be given to the Parties at their addresses set forth below: <br /> <br /> If to the County, to: Adolph Martinelli, Director <br /> Alameda County Community Development Agency <br /> 224 W. Winton Avenue, Room 110 <br /> Hayward, California 94544 <br /> Facsimile: (510) 670-6374 <br /> <br /> Copy to: Richard E. Winnie, Alameda County Counsel <br /> Administration Building <br /> 1221 Oak Street, Room 463 <br /> Oakland, Califomia 94612 <br /> Facsimile: (510) 272-5020 <br /> <br />I <br />i 18 Final Altamont Settlement Agreement <br /> <br /> <br />
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