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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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20. JURISDICTION AND VENUE. <br />The parties agree that any suit, action or proceeding arising out of or relating to this <br />Agreement, or the interpretation, performance or breach of this Agreement, shall be <br />instituted in the United States District Court for the Northern District of California or any <br />court of the State of California located in Alameda County. <br />21. SEVERABILITY. <br />If any term or provision of this Agreement is ever determined to be invalid or <br />unenforceable for any reason, such term or provision shall be severed from this <br />Agreement without affecting the validity or enforceability of the remainder of this <br />Agreement. <br />22. NOTICES. <br />All notices and other communications under this Agreement shall be in writing and shall <br />be deemed duly given: (a) when delivered if personally delivered to the recipient; (b) <br />when transmitted by telecopier or facsimile device during normal business hours, <br />provided such device is capable of generating a written confirmation of such transmission <br />and receipt and an original is deposited in first class mail within two (2) business days <br />thereafter addressed as set forth below; (c) on the first business day following delivery to <br />an overnight delivery service, provided delivery is confirmed by the delivery service; and <br />(d) on the earlier of actual receipt or three (3) days following deposit in United States <br />registered or certified mail, postage prepaid and return receipt requested, addressed to the <br />parties as set forth below. Any party may change its address for notices by giving written <br />notice to the other parties in the manner set forth above. <br />If to LIVERMORE: <br />To AUTHORITY: <br />If to PLEASANTON: <br />City of Livermore <br />1052 S. Livermore Avenue <br />Livermore, CA 94550 <br />Attn: City Engineer and City Attorney <br />Alameda County Surplus Property Authority <br />224 W, Winton Avenue, Room 110 <br />Hayward, CA 94544 <br />Attn: Manager and Director <br />With Copy to County Counsel <br />City of Pleasanton <br />200 Old Bernal Road <br />Pleasanton, CA 94566 <br />Attn: Director of Public <br />City Attorney <br />Works & Utilities and <br />18 <br />Cost Sharing Agreement <br />Surplus Property Authority, Livermore and Pleasanton <br />
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