Agmt 2000 City of Oakland Port Commissioners (2)

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TDC:aaa 1121/00 19. Counterpart Originals. This Agreement may be executed in any number of counterparts, and each of these executed counterparts shall have the same force and effect as an original instrument and as if all of the Parties to the aggregate counterparts had signed_the same instrument. 20. Further Assurances. The Parties shall execute, acknowledge, and deliver such additional documents or instruments as may be necessary to carry out the intent of this Agreement, including, but not limited to: those expressly referred to in this Agreement. The Parties agree that this Agreement cannot reasonably anticipate all factors and events which may occur in the construction of the ADP and the .. insulation of the residences and library. Accordingly, the Parties expressly agree to negotiate in good faith to resolve any and all disputes to the end that the ADP is constructed in a timely manner and within budget, that the residential units, as well as the Mulford Gardens Branch Library, receive insulation in accordance with the provisions of this Agreement and that in consideration the Port receive valid permanent Easements, and that all other provisions of this Agreement intended to benefit the Airport and the City are performed. 21. Litigation Costs. Each of the Parties, shall bear its own attorneys' fees and costs in any and all of the actions referred to in this Agreement. The City waives payment of the attorneys' tees previously granted to it by the court in Alameda County Superior Court Case No. 793033 -9. 22. Construction by Califomia Law. This Agreement is entered into in the State of Califomia and shall be construed and interpreted in accordance with its laws. 23. Use of Terms. As used herein, whenever the context so requires, the neuter gender includes the masculine and feminine, and the singular gender includes the plural, and vice versa. Defined terms are to have their defined meaning regardless of the grammatical form, number, or tense of such terms. City of San Leandro and Port of Oakland Settlement Agreement Page 29 29848