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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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of this Agreement. <br /> <br /> 13.12. Notwithstanding section 12 of this Agreement, petitioners may file their <br />claims for attorneys fees in connection with any action to enforce this section 13. <br /> <br /> 13.13. Payment by WMAC of the total amount of attorneys fees and costs under <br />this section 13 constitutes a full and final compromise, release and settlement of any and all <br />claims for attorneys fees and costs from all petitionem and each of them against WMAC through <br />and including the Litigation and Settlement Activities. <br /> <br /> 14. Amendments. This Agreement may be amended only by a written instrument <br />signed by all the Parties. <br /> <br /> 15. Default and Enforcement. Any failure by any Party to perform any term or <br />provision of this Agreement, which failure continues for a period of thirty (30) days following <br />written notice from any other Party, unless such period is extended by written mutual consent of <br />all Parties, shall constitute default under this Agreement. Any notice given pursuant to this <br />section shall specify the nature of the alleged failure and, where appropriate, the manner in <br />which said failure satisfactorily may be cured. If the nature of the alleged failure is such that it <br />cannot reasonably be cured within such thirty (30) day period, then the commencement of the <br />cure within such time period, and the diligent prosecution to completion of the cure thereafter, <br />shall be deemed to be a cure within such thirty (30) day period. Upon the occurrence of a default <br />under this Agreement, the non-defaulting Party or Parties may institute legal proceedings to <br />enforce the terms of this Agreement or, in the event of a material default, terminate this <br />Agreement. If an alleged failure is cured pursuant to this section, no default shall exist and the <br />noticing Party or Parties shall take no further action. In any legal proceeding to enforce this <br />Agreement, the Parties have the right to seek specific performance, and such specific <br />performance shall be the sole and exclusive remedy to enforce this Agreement. <br /> <br /> 16. Entire Aereement. This Agreement contains the Parties' entire agreement on the <br />matters addressed in this document. <br /> <br /> 17. Execution of the A~,reement. <br /> <br /> 17.1. The persons executing this Agreement represent and warrant that they are <br />authorized to sign on behalf of their respective principals, and that this Agreement shall be <br />binding upon their respective principals. This Agreement has been fully negotiated at arm's <br />length between the Parties after full and complete advice by independent counsel and other <br />representatives of each Party freely chosen by it; each Party is fully and completely informed <br />with respect to all of the terms, covenants and conditions contained in this Agreement, and the <br />meaning and effect thereof, and after such advice and counsel, each Party has freely and <br />voluntarily entered into this Agreement with such full knowledge. <br /> <br /> 17.2. This Agreement shall be effective as of the date upon which all of the <br />above signatories have signed the agreement. <br /> <br /> 23 <br /> Final Altamont Settlement Agreement <br /> <br /> <br />
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