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Agmt 2006 Oro Loma Sanitary District
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Agmt 2006 Oro Loma Sanitary District
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Last modified
3/28/2007 12:44:45 PM
Creation date
11/1/2006 10:08:36 AM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agreement
Document Date (6)
3/21/2006
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PERM
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Agmt 2006 Oro Loma Sanitary District (2)
(Amended by)
Path:
\City Clerk\City Council\Agreements\2006
Reso 2006-029
(Approved by)
Path:
\City Clerk\City Council\Resolutions\2006
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<br />XIII. As has previously been approved and authorized by the Term Sheet <br />Agreement, the City and District hereby disclose to one another and expressly <br />agree and affirm that the law firm of Meyers Nave Riback Silver & Wilson serves <br />as City Attorney and General Counsel for the City and the District, respectively, <br />and has previously and may continue to represent both parties in discussions <br />and negotiations for these and other matters, including without limitation <br />providing advice and counsel to each of the respective parties as well as <br />preparation of the final form of this agreement, submitting the agreement and <br />providing recommendations to each of the entities governing bodies. Both the <br />City and District expressly authorize the law firm to continue its representation of <br />both entities, and expressly agree that such representation does not pose a <br />conflict of interest for the law firm. To the extent the potential for a conflict may <br />have existed in the past or may exist now or in the future, both the City and <br />District expressly waive any such potential conflicts as they pertain to the law <br />firm on this matter. <br /> <br />MISCELLANEOUS PROVISIONS <br /> <br />Mediation. If a dispute arises out of or is related to this Agreement, or the breach <br />thereof, and if the said dispute cannot be settled through direct discussions, the City <br />and District, as parties to this Agreement, agree to diligently endeavor to settle this <br />dispute in an amicable manner by mediation through a mutually agreed-to mediation <br />service and/or mediator before having recourse to a judicial forum. <br /> <br />Venue. If either party brings any action against the other under this Agreement, the <br />parties agree that trial of such action shall be vested exclusively in the state courts of <br />California in the County of Alameda or in the United States District Court for the <br />Northern District of California. <br /> <br />Severability. If a court of competent jurisdiction finds or rules that any provision of this <br />Agreement is invalid, void, or unenforceable, the remaining provisions of this <br />Agreement not so adjudged shall remain in full force and effect. The invalidity in whole <br />or in part of any provision of this Agreement shall not void or affect the validity of any <br />other provision of this Agreement. <br /> <br />No Implied Waiver of Breach. The waiver of any breach of a specific provision of this <br />Agreement does not constitute a waiver of any other breach of that term or any other <br />term of this Agreement. <br /> <br />Successors and AssiQns. The provisions of this Agreement shall inure to the benefit <br />of and shall apply to and bind the successors and assigns of the parties. However, this <br />provision shall not be deemed to authorize or approve the transfer or assignment of <br />any rights, duties or obligations of the parties. <br /> <br />810887-1 <br /> <br />6 <br />
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