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Agmt 2000 City of Oakland Port Commissioners (2)
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Agmt 2000 City of Oakland Port Commissioners (2)
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4/8/2014 9:08:17 AM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agreement
Document Date (6)
11/7/2000
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PERM
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Agmt 2003 City of Oakland Port Commissioners
(Amended by)
Path:
\City Clerk\City Council\Agreements\2003
Agmt 2004 City of Oakland Port Commissioners (2)
(Amended by)
Path:
\City Clerk\City Council\Agreements\2004
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TDC:aaa 1121188 <br />24. Representation of Comprehension of Documents. In entering into this Agreement, the Parties <br />represent that they have relied upon the legal advice of their attomeys who are the attorneys of their <br />choice. The Parties further represent that the terms of this Agreement have been completely read by and <br />explained to them by their attorneys, and that they fully understand and voluntarily accept those terms. <br />25. Authorshi . Each Party and counsel for each Party has reviewed and revised this Agreement, <br />and accordingly, the normal rule of construction to the effect that any ambiguities are to be resolved against <br />the drafting Party shall not be employed in the interpretation of this Agreement or any amendment of it. <br />26. Authority to Execute. Each of the Parties represents and warrants that each has hill power to <br />enter into this Agreement and that no portion of the claims covered by the releases have been assigned, <br />encumbered, or transferred. <br />27. Entire Agreement; Amendment. This Agreement contains the entire Agreement between the . <br />Parties with regard to the matters set forth. This Agreement may be amended or modified only by an <br />agreement in writing executed in the same manner as this Agreement. <br />28. Exhibits. All exhibits appearing in the text of this Agreement are incorporated herein by this <br />reference. <br />29. Dismissal of Claims. In consideration of the mutual covenants and obligations of the Port and the <br />City as set forth herein, the City agrees to. dismiss its claims and causes of action, and appeals relating <br />thereto, set forth in City of San Leandro et al, bearing Action No. 793033 -9 and bearing Action No. 815053- <br />8, in and for the County of Alameda, with prejudice. The City agrees not to file any legal action against the <br />FAA or other govemmental parties challenging any govemmental approval of the ADP. The City agrees <br />not to oppose future actions to implement the ADP or otherwise develop the Airport to accommodate 13.8 <br />City of San Leandro and Port of Oakland Page 30 <br />Settlement Agreement <br />29848
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