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Agmt 2007 Bay Area Homebuyer Agency
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Agmt 2007 Bay Area Homebuyer Agency
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Last modified
9/10/2007 5:06:56 PM
Creation date
9/10/2007 5:06:27 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agreement
Document Date (6)
9/4/2007
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PERM
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RDA Reso 2007-012
(Approved by)
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\City Clerk\City Council\Resolutions\2007
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<br />Section 10 MISCELLANEOUS PROVISIONS. <br /> <br />10.1 Attorneys' Fees. If a party to this Agreement brings any action, including an <br />action for declaratory relief, to enforce or interpret the provision of this <br />Agreement, the prevailing party shall be entitled to reasonable att01l1eys' 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 for that purpose. <br /> <br />10.2 Venue. In the event that either party 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 Northe1l1 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 part 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 Implied 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 />10.5 Successors and Assi2:ns. 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 />10.7 Conflict of Interest. 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 term is defined <br />in the Political Reform Act, codified at California Gove1l1ment Code Section <br />81000 et seq. <br /> <br />Consultant shall not employ any Agency official in the work performed pursuant <br />to this Agreement. No officer or employee of Agency shall have any financial <br />interest in this Agreement that would violate California Government Code <br />Sections 1090 et seq. <br /> <br />Consultant hereby warrants that it is not now, nor has it been in the previous <br />twelve (12) months, an employee, agent, appointee, or offi cial of the Agency. If <br />Consultant was an employee, agent, appointee, or official of the Agency in the <br />previous twelve months, Consultant warrants that it did not participate in any <br /> <br />Consulting Services Agreement between the Redevelopment Agency of <br />City of San Leandro and Bay Area Homebuyer Agency <br /> <br />[July 1, 2007] <br />Page 12 of20 <br />
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