8D Consent 2007 0319 - Laserfiche WebLink

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because of acceptance by Agency or City, or Owner's deposit with Agency of any of the insurance policies described in this Agreement. The provisions of this Section 11 shall survive the expiration or earlier termination of this Agreement. 12. SUCCESSORS AND ASSIGNS. This agreement shall inure to the benefit of, and shall be binding on, each party's heirs, successors and assigns. 13. DEFAULT. In the event of default or breach of this Agreement by any party, a party may pursue any and all remedies, both in equity and in law, provided by the laws of the State of California, including specific performance and injunction. The prevailing party in any litigation or arbitration arising from this Agreement shall be entitled to its reasonable attorneys' fees. The Parties acknowledge that damages to the Agency as a result of the breach of this Agreement are difficult to ascertain and that specific performance is the only appropriate remedy for a breach of contract by Owner. 14. ENTIRE AGREEMENT. This Agreement constitutes the entire understanding and agreement of the parties. 15. INTEGRATION. This Agreement integrates all of the terms and conditions mentioned herein or incidental hereto, and supersedes all negotiations or previous agreements between the parties with respect to all or any part of the subject matter hereof. 16. WAIVERS AND AMENDMENTS. All waivers of the provisions of this Agreement, and all amendments of this Agreement, must be in writing signed by the appropriate representatives of the parties. 17 . RECORDATION. Agency is authorized to record this Agreement and any amendments thereto with the Recorder of the County of Alameda, California. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first set forth hereinabove. SIGNATURES ON NEXT PAGE 939197\11 7 Owner Participation Agreement City of San Leandro Redevelopment Agency 599 MacArthur Boulevard