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5. In the event no assessment district contemplated herein <br />is formed, all costs and/or obligations incurred by Prudential as <br />a result of this agreement shall be the sole responsibility of <br />Prudential. Further, in the event the assessment district fo~med <br />does not include as reimbursable costs all cosfs incurred prior <br />to the Sale of bonds, those costs not reimbursable by the assess- <br />ment district shall be the sole responsibility of Prudential. <br /> <br />6. If either party commences an action against the other <br />to enforce or interpret this agreement, the prevailing party shall <br /> <br />be entitled to have and recover reasonable attorney's and <br />costs of suit from the party not prevailing. <br /> <br />THIS AGREE~ENT is entered into <br /> <br />above written. <br /> <br /> fees <br />as of the day and year <br /> <br />first <br /> <br />THE PRUDENTIAL INSURANCE <br />COMPANY OF AMERICA <br /> <br />By <br /> <br />CITY OF PLEASANTON <br />BYRobert.~But~r <br /> <br />ATTEST: <br /> <br />James R. Walker, City Clerk <br />APPROVED AS TO FORM: <br /> <br />Peter D. MacDonald, City Attorney <br /> <br /> <br />