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8M Consent 2016 0606
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8M Consent 2016 0606
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Last modified
6/8/2016 8:03:17 AM
Creation date
6/2/2016 10:25:08 AM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
Document Date (6)
6/6/2016
Retention
PERM
Document Relationships
_CC Agenda 2016 0606 CS+RG
(Reference)
Path:
\City Clerk\City Council\Agenda Packets\2016\Packet 2016 0606
Reso 2016-068
(Reference)
Path:
\City Clerk\City Council\Resolutions\2016
Reso 2016-069
(Reference)
Path:
\City Clerk\City Council\Resolutions\2016
Reso 2016-070
(Reference)
Path:
\City Clerk\City Council\Resolutions\2016
Reso 2016-071
(Reference)
Path:
\City Clerk\City Council\Resolutions\2016
Reso 2016-072
(Reference)
Path:
\City Clerk\City Council\Resolutions\2016
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13.3 <br />13.4 <br />To the fullest extent allowed by law, the provisions of this <br />Agreement shall be construed and given effect in a manner that avoids any <br />violation of statute, ordinance, regulation, or law. parties covenant and <br />agree that in the event that any provision of this Agreement is held by a <br />court of competent jurisdiction to be invalid, void, or unenforceable, the <br />remainder of the provisions hereof shall remain in full force and effect and <br />shall in no way be affected} impaired, or invalidated thereby. PACE Provider <br />and ABAG acknowledge that they have each contributed to the making of <br />this Agreement and that, in the event of a dispute over the interpretation of <br />this Agreement} the language of the Agreement will not be construed against <br />one party in favor of the other. Each party hereto acknowledges that they <br />have each had an adequate opportunity to consult with counsel in the <br />negotiation and preparation of this Agreement. <br />Wherever in this Agreement the consent or approval of one party <br />is required to an act of the other party, such consent or approval shall not <br />be unreasonably withheld or delayed. <br />Nothing contained in this Agreement shall be <br />construed to create and the parties do not intend to create any rights in <br />third parties. <br />13.5 Applicable Law and Forum. This Agreement shall be construed and <br />interpreted according to the substantive law of California, regardless of the <br />law of conflicts to the contrary in any jurisdiction. Any action to enforce the <br />terms of this Agreement or for the breach thereof shall be brought and tried <br />in the County of Alameda. <br />13.6 Captions. The captions in this Agreement are solely for convenience of <br />reference. They are not a part of this Agreement and shall have no effect on <br />its construction or interpretation. <br />13.7 This writing is intended both as the final expression of the <br />Agreement between the parties hereto with respect to the included terms <br />and as a complete and exclusive statement of the terms of the Agreement, <br />pursuant to Code of Civil Procedure Section 1856. No modification of this <br />Agreement shall be effective unless and until such modification is evidenced <br />by a writing signed both parties.
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