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Agmt 2007 Dowling Associates Inc.
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Agmt 2007 Dowling Associates Inc.
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Last modified
2/8/2007 10:35:51 AM
Creation date
2/8/2007 10:35:48 AM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agreement
Document Date (6)
2/5/2007
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PERM
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Reso 2007-006
(Approved by)
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\City Clerk\City Council\Resolutions\2007
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<br />any audit of the City, for a period of three (3) years after final payment under the <br />Agreement. <br /> <br />Section 10 MISCELLANEOUS PROVISIONS. <br /> <br />10.1 Attorneys' ~'ccs. If a party to this Agreement brings any action, including an <br />action l'l)f declaratory relief, to ent'lwce or interpret the provision of this <br />Agreement, the prevailing party shall be entitled to reasonable attorneys' fees in <br />addition to any other relief to which that party may be entitled. The court may set <br />such fees in the same action or in a separate action brought lor that purpose. <br /> <br />10.2 Venue. In the event that either p<uiy brings any action against the other under <br />this Agreement, the parties agree that trial of such action shall be vested <br />exclusively in the state courts of California in the County of Alameda or in the <br />United States District Court for the Northern District of California. <br /> <br />10.3 Severability. If a court of competent jurisdiction finds or rules that any provision <br />of this Agreement is invalid, void, or unenforceable, the provisions of this <br />Agreement not so adjudged shall remain in full force and effect. The invalidity in <br />whole or in pali of any provision of this Agreement shall not void or affect the <br />validity of any other provision of this Agreement. <br /> <br />10.4 No Iml>licd Waiver of Breach. The waiver of any breach of a specific provision <br />of this Agreement does not constitute a waiver of any other breach of that term or <br />any other tenn of this Agreement. <br /> <br />to.5 Successors and Assi2ns. The provisions of this Agreement shall inure to the <br />benefit of and shall apply to and bind the successors and assigns of the parties. <br /> <br />10.6 Use of Recycled Products. Consultant shall endeavor to prepare and submit all <br />reports, written studies and other printed material on recycled paper to the extent <br />it is available at equal or less cost than virgin paper. <br /> <br />to.7 Conflict oflntercst. Consultant may serve other clients, but none whose <br />activities within the corporate limits of City or whose business, regardless of <br />location, would place Consultant in a "conflict of interest," as that tenn is defined <br />in the Political Relonn Act, codified at California Government Code Section <br />81000 et seq. <br /> <br />Consultant shall not employ any City official in the work perfonned pursuant to <br />this Agreement. No officer or employee of City shall have any financial interest <br />in this Agreement that would violate Califo111ia Government Code Sections 1090 <br />eI seq. <br /> <br />Ilcsperian Boulevard/Lewelling Intersection Traffic Assessment <br /> <br />November 13,2006 <br />Page 1201'21 <br />
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