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5. Procedure If No Assessment District. In the event <br />no assessment district contemplated herein is formed, all costs, <br />expenses and/or obligations incurred or paid by Prudential as <br />a result of this Agreement shall be the sole responsibility <br />of Prudential. Further, in the event the assessment district <br />formed does not include as reimbursable costs all the costs <br />and expenses incurred or paid pursuant to this Agreement, those <br />costs and expenses not reimbursable by the assessment district <br />shall be the sole responsiblity of Prudential. <br /> <br /> 6, Best Efforts By City. City shall use its best <br />efforts, including use of its power of eminent domain and <br />right to immediate possession, to acquire all those interests <br />necessary for the construction of Foothill Reservoir. <br /> <br /> 7. 'Attorneys' Fees. <br />action against the other to <br />the prevailing party <br />reasonable attorneys' <br />not prevailing. <br /> <br /> THIS AGREEMENT is <br />first above written. <br /> <br />CITY OF PLEASANTON <br />a municipal corporation <br /> <br /> If either party commences an <br /> <br /> enforce or interpret this Agreement, <br />shall be entitled to have and recover <br /> <br /> fees and costs of suit from the party <br /> <br />entered into as of the day and year <br /> <br />By ' <br /> Robert E. Butler, Mayor <br /> <br />ATTEST: <br /> <br /> James R. Walker, City Clerk <br /> APPROVED AS TO FORM: <br /> <br /> Peter D. MacDonald, City Attorney <br /> <br />THE PRUDENTIAL INSURANCE <br />COMPANY OF AMERICA, a New <br />Jersey corDoration <br /> <br />By <br /> <br /> <br />