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9. Attorney's Fees. The prevailing party in any action <br /> brought to enforce or construe the terms of this Agreement may <br /> recover from the other party its reasonable costs and attorney's <br /> fees expended in connection with such an action. <br /> <br /> 10. Whole of Agreement. The parties have set forth herein <br /> the whole of their agreement. The performance of this agreement <br /> constitutes the entire consideration for the conveyances <br /> described herein and shall relieve the City of all follow <br /> obligations or claims on this account. <br /> <br /> THIS AGREEMENT is entered into as of the day and year first <br /> above written. <br /> <br /> PETER KIEWIT SONS' CO <br /> <br /> By: Its~A~o~i~.~ed Agent <br /> <br /> Fr~nk'~C. Brandj~or <br /> ATTEST i <br /> <br />e~R. Walker, City Clerk <br />APPROVED AS TO FORM: <br /> <br /> ATTACH ACKNOWLEDGEMENTS <br /> <br /> ** 11. Survival. The effectiveness of the representations, <br /> warranties, covenants and agreements of the parties hereto contained <br /> herei~ shall survive the closing and shall not be deemed to merger <br /> upon delivery and acceptance of the deed from Owner for the property. <br /> <br /> <br />