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8F Consent 2013 0506
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8F Consent 2013 0506
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Last modified
5/15/2013 10:41:39 AM
Creation date
4/30/2013 4:18:38 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
Document Date (6)
5/6/2013
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PERM
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_CC Agenda 2013 0506 CS+RG
(Reference)
Path:
\City Clerk\City Council\Agenda Packets\2013\Packet 2013 0506
Reso 2013-058
(Reference)
Path:
\City Clerk\City Council\Resolutions\2013
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14 <br /> To City and to Parking Authority for the City of San Leandro: <br /> <br /> City of San Leandro <br /> 835 East 14th Street <br /> San Leandro, CA 94577 <br /> Attn: City Engineer <br /> <br /> 27.2 No Brokers. Each Party hereby represents and warrants to the other Party that it <br />has retained no broker or other party to whom a commission or finder's fee is due with respect to <br />the transactions contemplated hereby. Each Party shall defend, indemnify and hold the other <br />Party harmless from and against all claims, expenses, costs, or arising in connection with a <br />breach of this warranty and representation. The terms of this Section shall survive the expiration <br />or earlier termination of this Agreement. <br /> <br />27.3 Attorneys' Fees. If either Party fails to perform any of its obligations under this <br />Agreement, or if any dispute arises between the Parties concerning the meaning or interpretation <br />of any provision hereof, then the prevailing party in any proceeding in connection with such <br />dispute shall be entitled to the costs and expenses it incurs on account thereof and in enforcing or <br />establishing its rights hereunder, including, without limitation, court costs and reasonable <br />attorneys' fees and disbursements. <br /> <br />27.4 Entire Agreement. This Agreement, together with Exhibits A through E, attached <br />hereto and incorporated herein by reference, constitutes the entire agreement of the Parties with <br />respect to the subject matter hereof and supersedes all prior negotiations and agreements with <br />respect thereto. <br />27.5 No Merger. The obligations stated herein that are intended to operate after the <br />Closing Date shall not merge with the transfer of title to the Property but shall remain in effect <br />until fulfilled as provided herein. <br /> <br />27.6 Governing Law. This Agreement shall be governed by and construed in <br />accordance with the laws of the State of California without regard to principles of conflicts of <br />laws. <br /> <br />27.7 Interpretation; Captions. The section headings used herein are solely for <br />convenience and shall not be used to interpret this Agreement. The Parties acknowledge that this <br />Agreement is the product of negotiation and compromise on the part of both Parties, and the <br />Parties agree, that since both Parties have participated in the negotiation and drafting of this <br />Agreement, this Agreement shall not be construed as if prepared by one of the Parties, but rather <br />according to its fair meaning as a whole, as if both Parties had prepared it. <br /> <br />27.8 No Third Party Beneficiaries. Nothing contained in this Agreement is intended by <br />the Parties, nor shall any provision of this Agreement be deemed or construed by the Parties or <br />by any third person, to be for the benefit of any third party, nor shall any third party have any
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