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<br />Non-Professional Services Agreement between Project No.: 3013.0240 <br />City of San Leandro and Jack Doheny Companies, Inc. Page 13 of 16 <br /> <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 attorneys’ 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 this <br />Agreement, the Parties agree that trial of such action shall be vested exclusively in <br />the state courts of California in the County of Alameda or in the United States <br />District Court for the Northern 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 term of this Agreement. <br /> <br />10.5 Successors and Assigns 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 Conflict of Interest Contractor may serve other clients, but none whose <br />activities within the corporate limits of City or whose business, regardless of <br />location, would place Contractor in a “conflict of interest,” as that term is defined <br />in the Political Reform Act, codified at California Government Code Section <br />81000 et seq. <br /> <br />Contractor shall not employ any City official in the work performed pursuant to <br />this Agreement. No officer or employee of City shall have any financial interest <br />in this Agreement that would violate California Government Code Section 1090 <br />et seq. <br /> <br />Contractor hereby warrants that it is not now, nor has it been in the previous 12 <br />months, an employee, agent, appointee, or official of the City. If Contractor was <br />an employee, agent, appointee, or official of the City in the previous 12 months, <br />Contractor warrants that it did not participate in any manner in the forming of this <br />Agreement. Contractor understands that, if this Agreement is made in violation of <br />California Government Code Section 1090 et seq., the entire Agreement is void <br />and Contractor will not be entitled to any compensation for services performed <br />pursuant to this Agreement, including reimbursement of expenses, and Contractor