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4. In the event no assessment district contemplated herein <br />is formed, all costs, expenses and/or obligations incurred by <br />Prudential as a result of this agreement shall be the sole <br />responsibility of Prudential. Further, in the event the assessment <br />district formed does not include as reimbursable costs all the <br />costs and expenses incurred pursuant to this agreement, those <br />costs and expenses not reimbursable by the assessment district <br />shall be the sole responsibility of Prudential. <br /> <br /> 5. If either party commences an action against the other <br /> <br />to enforce or interpret this agreement, the prevailing party <br />shall be entitled to have and recover reasonable attorneys' fees <br />and costs of suit from the party not prevailing. <br /> <br /> THIS AGREEb~NT is entered into as of the day and year first <br /> <br />above written. <br /> <br />THE PRUDENTIAL INSURANCE <br />COMPANY OF AMERICA <br /> <br />THE CITY OF, PLEASANTON <br /> <br />BYr <br /> Kenneth R. Mercer, ~ayor <br /> <br />ATTEST: <br /> <br />James R. Walker, City Clerk <br />APPROVED AS TO FORM: <br /> <br />Peter D. MacDonald, City Attorney <br /> <br />-5- <br /> <br /> <br />