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RES 84309
City of Pleasanton
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RES 84309
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10/8/2012 1:09:52 PM
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1/25/2000 9:10:25 PM
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CITY CLERK
CITY CLERK - TYPE
RESOLUTIONS
DOCUMENT DATE
6/26/1984
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ARTICLE A-17. SUCCESSORS AND ASSIGNS <br /> <br /> This Contract and all of its provisions shall apply to and bind the <br />successors and assigns of the parties hereto. No assignment or transfer of <br />this Contract or any part hereof, rights hereunder, or interest heroin by the <br />Grantee shall be valid unless and until it is approved by the State and made <br />subject to such reasonable terms and conditions as the State may impose. <br /> <br />ARTICLE A-18. INDEP~IFtCATION - STATE TO BE HELD HARMLFSS <br /> <br /> The Grantee agrees to indenmify the State of California, Department of <br />Water Resources, and its officers, agents, and employees against and to hold <br />the same free and harmless from any and all claims, denmnds, losses, costs, <br />expenses, or liability due or incident to, either in whole or in part and <br />whether directly or indirectly, the design, construction, operation, repair, <br />maintenance, existence, or failure of the Project, or of any of its works or <br />facilities. <br /> <br />ARTICLE A-19. REMEDIES NOT EX(~USIVE <br /> <br /> The use by either party of any remedy specified herein for the enforce- <br />ment of this Contract is not exclusive and shall not deprive the party using <br />such remedy of, or limit the application of, any other provided by law. <br /> <br />ARTICLE A-20. OPINIONS AND DETERMINATIONS <br /> <br /> W~ere the terms of this Contract provide for action to be based upon <br />the opinion, Judgement, approval, review,.or determination of either party <br />hereto, such terms are not intended to be and shall never be construed as per- <br />mittinS such opinion, Judgement, approval, review, or determination to be arbi- <br />trary, capricious, or unreasonable. <br /> <br />ARTICLE A-21. WAIVER OF RIGHTS <br /> <br /> It is the intention of the parties hereto that, from time to tim, <br />either party may waive any of its rights under this Contract unless contrary to <br />law. Any waiver by either party hereto of rights arising in conne:tion with <br />this Contract shall not be deemed to be a ~raiver with respect to any other <br />rights or matters. <br /> <br />ARTICLE A-22. SUIT ON CONTRACT <br /> <br /> Each of the parties hereto may sue and be sued with respect to this <br />Contract. <br /> <br />ARTICLE A-23. CLAIMS DISPUTES <br /> <br /> Any claim the Grantee may have regarding the performance of this <br />Agreement including, but not limited to, claims for additional compensation or <br />extension of time, shall be submitted to the Director, Department of W~t~r <br />Resources, within thirty (30) calendar days of its accrual. State and <br />Grantee shall then attempt to negotiate a resolution of such claim ~nd pro- <br />cess an amendment to this agreement to implement the terms of any such resolu- <br />tion. <br /> <br />17 Contract B-550~ <br /> <br /> <br />
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