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08 ATTACHMENT 5
City of Pleasanton
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08 ATTACHMENT 5
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9/14/2007 12:18:29 PM
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9/14/2007 12:18:28 PM
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CITY CLERK
CITY CLERK - TYPE
STAFF REPORTS
DOCUMENT DATE
9/18/2007
DESTRUCT DATE
15 Y
DOCUMENT NO
08 ATTACHMENT 5
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14. ENTIRE AGREEMENT. <br />This Agreement, including all recitals, exhibits and schedules hereto, constitutes the entire <br />agreement between the parties with respect to the subject matter hereof and supersedes <br />any and all prior or contemporaneous understandings, negotiations, representations, <br />promises and agreements, oral or written, by or between the parties, with respect to the <br />subject matter hereof. No representations, inducements, promises, or agreements have <br />been made in connection with this Agreement by any party, or anyone acting on behalf of <br />any party, other than those expressly set forth in this Agreement. <br />15. AMENDMENT. <br />This Agreement may be amended, modified or supplemented only by a writing signed by <br />all parties. <br />16. WAIVER. <br />No waiver of any provision of this Agreement shall be binding unless executed in writing <br />by the party making the waiver. No waiver of any provision of this Agreement shall be <br />deemed to constitute a waiver of any other provision, whether or not similar, nor shall <br />any waiver constitute a continuing waiver unless the written waiver so specifies. <br />17. COUNTERPARTS; FACSIMILE/ELECTRONIC SIGNATURES. <br />This Agreement may be executed in counterparts, each of which shall be deemed an <br />original and all of which together shall constitute one and the same instrument. The <br />parties shall be entitled to rely upon facsimile copies or electronic copies of the parties' <br />signatures to this Agreement and any instrument executed in connection herewith. <br />Notwithstanding the foregoing, promptly after sending a facsimile or electronic copy of <br />its signature hereon, each party shall provide the other with an executed original <br />counterpart by overnight courier, although the failure to provide such counterpart shall <br />not limit the effectiveness of this Agreement. <br />18. NO AGENCY OR JOINT VENTURE. <br />It is not the intention of the parties to create by this Agreement a relationship of master- <br />servant, principal-agent, partnership or joint venture and under no circumstance shall <br />either party be considered the agent of the other. <br />19. GOVERNING LAW. <br />This Agreement is entered into in and shall be governed by and construed in accordance <br />with the internal laws of the State of California. <br />17 <br />Cost Sharing Agreement <br />Surplus Property Authority, Livermore and Pleasanton <br />
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