RES 98149 - Laserfiche WebLink

9. Miscellaneous. a. This AGREEMENT shall be govemed by the laws of the State of Califomia. b. This AGREEMENT may be executed in counter-part. c. This AGREEMENT represents the sole understanding and agreement of the parties, and supersedes all prior oral or written agreements regarding the issues set forth in this AGREEMENT. d. If an action is brought by either party against the other, the party in whose favor the final judgment is entered shall be entitled to recover court costs incurred and reasonable attorney's fees. e. This AGREEMENT may only be amended in writing. f. Time is of essence to this AGREEMENT. g. Notices to be given under this AGREEMENT shall be in writing and sent by: (a) certified mail, return receipt requested, in which case notice shall be deemed delivered three (3) business days after deposit. postage prepaid in the United States Mail; (b) a nationally recognized overnight courier, in which case notice shall be deemed delivered one (1) business day after deposit with courier; or (c) telecopy or similar means if a copy of the notice is also sent by United States Certified Mail, in which case notice shall be deemed delivered on transmittal by telecopier or other similar means, provided that a transmission report is generated by reflecting the accurate transmission of the notices, as follows: City of Pleasanton 123 Main Street, P.O. Box 520 Pleasanton, CA 94566 Attn: City Manager Fax (925) 484-8234 T.T.K. Partnership 5689 San Jose Drive Pleasanton, CA 94566 Atm: Dr. Shinnan Kiang, Managing Partner FAX (925) These addresses may be changed by written notice to the other party, provided that no notice of change of address shall be effective until actual receipt oft hat notice. h. No waiver or any breach of covenant or provision in this AGREEMENT shall be deemed a waiver of any other covenant or provision in this AGREEMENT, and Draft 10/8/98 [2 Lots] T.T.K. Partnership 4