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c. The Owner has no knowledge of any claim or <br /> proceeding challenging the Owner's title to the parcels shown on the <br /> assessment diagram for Assessment District No. 1987-1 (except <br /> Assessments Nos. 2 and 6, and a portion of Assessment No. 9) or <br /> challenging the Owner's right to transfer title to the Improvements. <br /> <br /> 7. The Owner agrees that the City shall have no liability <br /> for payment of any amount under this agreement except from the <br /> improvement fund for Assessment District No. 1987-1. The City shall <br /> have no obligation to defend this agreement or the special <br /> assessments levied in Assessment District No. 1987-1 against <br /> challenge by any person in any forum. <br /> <br /> 8. The owner hereby waives any right which it may <br /> otherwise have to pay assessments in cash without interest during <br /> the period of thirty (30) days after recordation of the Notice of <br /> Assessment. <br /> <br /> 9. If either party to this agreement brings an action <br /> against the other party because of an alleged breach of the <br /> agreement or for a judicial interpretation of the agreement, the <br /> prevailing party in the action shall have its reasonable attorneys' <br /> fees in addition to all other remedies. <br /> <br /> DATED: January 5, 1988 <br /> <br /> THE CITY OF PLEASANTON, <br /> a municipal corporation of <br /> <br />//~ES R. WALKER, City Clerk California corporation <br /> / f I; <br /> <br /> KOLL BERNAL AVENUE ASSOCIATES, a <br /> California general partnership <br /> <br /> By The Koll Company, a California <br /> <br /> 7 <br /> <br /> <br />