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To CITY: <br />12. Headings <br />To CONTRACTOR: <br />The heading titles for each paragraph of the Contract Documents are included only as a guide to the <br />contents and are not to be considered as controlling, enlarging, or restricting the interpretation of the <br />Contract Documents. <br />13. Severability <br />If any term of the Contract Documents (including any phrase, provision, covenant, or condition) is held <br />by a court of competent jurisdiction to be invalid or unenforceable, the Contract Documents shall be <br />construed as not containing that term, and the remainder of this Contract shall remain in full force and <br />effect; provided, however, this section shall not apply to the extent that enforcement of the Contract <br />Documents without the term would be grossly inequitable under all the circumstances or would frustrate <br />the purposes of the Contract Documents. <br />14. Interpretation of Contract Documents <br />This Agreement and the Contract Documents shall be deemed to have been entered into in the City of <br />Pleasanton, County of Alameda, State of California, and governed in all respects by California law <br />(excluding choice of law rules). The exclusive venue for all disputes or litigation hereunder shall be in the <br />County of Alameda. <br />The Parties acknowledge and accept the terms and conditions of this Agreement as evidenced by the <br />following signatures of their duly authorized representatives. The parties have executed this Agreement <br />on the Effective Date first above written and it is the intent of the Parties that this Agreement shall become <br />operative on the Effective Date. <br />CONTRACTOR <br />[insert name and title] <br />CITY OF PLEASANTON <br />Nelson Fialho, City Manager <br />Approved as to form: <br />Michael Roush, City Attorney <br />Attest: <br />Karen Diaz, City Clerk <br />00520 -Page 5 of 5 <br />AGREEMENT <br />ALVI50 ADOBE COMMUNITY PARK <br />CIP No. 987025 <br />