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each of which when executed and delivered shall be deemed to be an original with all counterparts <br />constituting but one and the same instrument. The execution of this Agreement by any parties hereto will <br />not become effective until counterparts hereof have been executed by all parties. The parties executing <br />this Agreement hereby represent and warrant that they are properly authorized to bind the respective <br />party. <br />26. Construction. The Obligee antl Surety have been represented by counsel who have <br />materially participated in the authorship of this Agreement, it being understood that the rule of construction <br />that a written agreement is construed against the party drafting or preparing such agreement shall not <br />specifically be applicable to the interpretation of this Agreement, <br />WHEREFORE, Surety and Obligee have executed this Agreement by their authorized representatives <br />27. Effective Date. This Agreement is effective October x,2007. <br />DATED: r2 - /3 - o ~ <br />DATED: /-~-S-e9 <br />CITY OF SAN LEANDRO <br />~~ - erfianis, City Manager <br />WASHINGTON INTERNATIONAL INSURANCE <br />COMPANY <br />By: - <br />Jeffrey Goldberg <br />Assistant Vice President <br />APPROVED AS TO FORM: <br />MEYERS, NAVE, RIBACK, SILVER & WILSON <br />By: <br />a ne .Williams, City Attorney <br />LAW OFFICES OF CHARLES J. PHILIPPS <br />By: <br />Charles J. Philipps <br />Page 6 of 6 <br />