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8. Term. City will cease collecting fees and the Developer <br />will not be entitled to further reimbursement under this Agreement <br />after July 30, 1999. <br /> <br /> 9. Disputes. Disputes arising as to this Agreement or as to <br />connections or charges shall be resolved by the City Manager. Any <br />appeal from his decision shall be in writing addressed to the City <br />Council. Final Council action shall be required before any suit is <br />commenced in Superior Court based on this Agreement. The prevailing <br />party in any action/proceeding commenced in Superior Court hereunder <br />shall be entitled to recover its reasonable attorneys' fees, in <br />addition to any other relief to which such party may be entitled. <br /> <br /> 10. Enforcement. City shall use its best efforts to prevent <br />other landowners within the Benefit Area from connecting to the <br />Improvements without paying the reimbursement fee provided for herein, <br />and shall not issue necessary permits, licenses or consents for such <br />connections without payment of the fees herein provided. If, despite <br />City's good faith efforts to prevent same, connections to or use of <br />the Improvements by new units in the Benefit Area should occur without <br />payment of the necessary fee, City shall not be responsible for <br />payment of the amount which would have been paid to Developer, <br />provided that Developer shall be entitled, and is hereby authorized by <br />City to pursue collection of such fees by means of private right of <br />action, or any other lawful means, against the party using the <br />Improvements without payment of the required fees. City agrees to <br />participate in and to cooperate with and assist Developer in any such <br />action, upon request of Developer, if such participation and <br />cooperation is required to enforce Developer's collection rights <br />hereunder. In that event, Developer will indemnify City from any <br />claim over from any third party against the City. <br /> <br /> THIS AGREEMENT is executed as of the date and year first above <br />written. <br /> <br />ATTEST: CITY OF PLEASANTON <br /> <br /> By. <br />James R. Walker, City Clerk Kenneth R. Mercer, Mayor <br /> <br />APPROVED AS TO FORM: <br /> <br />Michael H. Roush <br />City Attorney <br /> <br /> - 3 - <br /> <br /> <br />