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c. Additional Costs. Once a project budget has been approved by the parties <br />and a contract awarded, any additional costs shall be approved in advance by the joint executive <br />directors of the JPA, and funds appropriated by the parties, as necessary. <br /> <br /> 7. Return of Construction Costs for Headquarters. IfLivermore and Pleasanton <br />dissolve the Livermore-Pleasanton Fire Department Joint Powers Authority within forty (40) <br />years of the date of this agreement, Pleasanton shall pay to Livermore a settlement of its one-half <br />(1/2) share of the Construction Costs, less those sums derived ~'om a forty (40) year straight-line <br />depreciation for the headquarters. A sample schedule of such a settlement is attached hereto as <br />Exhibit B. Such sum shall be paid within ninety (90) days of the effective date of the dissolution. <br /> <br /> 8. Miscellaneous. <br /> <br /> a. This Agreement shall be governed by the laws of the State of California. <br /> <br /> b. This Agreement may be executed in counter-part. <br /> <br /> c. This Agreement represents the sole understanding and agreement of the <br /> parties, and supersedes all prior oral or written agreements regarding the <br /> matters decided herein. <br /> <br /> d. If an action is brought by either party against the other, the party in whose <br /> favor the final judgment is entered shall be entitled to recover court costs <br /> incurred and reasonable attorney's fees. <br /> <br /> e. This Agreement may only be mended in writing. <br /> <br /> f. Time is of essence to this Agreement. <br /> <br /> g. Notices to be given under this Agreement shall be in writing and sent by: <br /> (a) certified mail, return receipt requested, in which case notice shall be <br /> deemed delivered three (3) business days after deposit, postage prepaid in <br /> the United States Mail; (b) a nationally recognized overnight courier, in <br /> which case notice shall be'deemed delivered one (1) business day after <br /> deposit with courier; or (c) telecopy or similar means if a copy of the notice <br /> is also sent by United States Certified Mail, in which case notice shall be <br /> deemed delivered on transmittal by telecopier or other similar means, <br /> provided that a transmission report is generated by reflecting the accurate <br /> transmission of the notices, as follows: <br /> <br /> City of Livermore City of Pleasanton <br /> 1052 South Livermore Avenue 123 Main Street, P.O. Bol 520 <br /> Livermore, CA 94550-4899 Pleasanton, CA 94566 <br /> Attn: City Manager Attn: City Manager <br /> Fax (925) 373-5 125 Fax (925) 484-8234 <br /> <br /> <br />