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8E Consent 2017 0918
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8E Consent 2017 0918
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9/12/2017 3:43:56 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agenda
Document Date (6)
9/18/2017
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Reso 2017-127
(Reference)
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\City Clerk\City Council\Resolutions\2017
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Alameda CTC Agreement No. A17-0127 <br />Project No. 1468020 <br /> <br />Page 14 of 16 <br />23. Nothing in the provisions of this AGREEMENT is intended to create duties or obligations to <br />or rights in third parties not party to this AGREEMENT. This AGREEMENT gives no rights or benefits to anyone <br />other than ALAMEDA CTC and PROJECT SPONSOR and has no third-party beneficiaries. <br /> <br />24. All legal actions by either party against the other arising from this AGREEMENT, or for the <br />failure to perform in accordance with the applicable standard of care, or for any other cause of action, will be <br />subject to the statutes of limitations of the State of California. <br /> <br />25. Should it become necessary to enforce the terms of this AGREEMENT, the prevailing party <br />shall be entitled to recover reasonable expenses and attorney’s fees from the other party. <br /> <br />26. This AGREEMENT shall terminate upon the Agreement Expiration Date identified in <br />Appendix B: Funds Obligated by this AGREEMENT unless this AGREEMENT is extended by mutual <br />agreement of the parties. Notwithstanding the foregoing, Sections III.21 and Section III.22 shall survive the <br />termination or expiration of this AGREEMENT. <br /> <br />27. This AGREEMENT, including its Recitals and Appendices, constitutes the entire <br />AGREEMENT. This AGREEMENT may be changed only as allowed in Sections III.1 and Section III.2 of this <br />AGREEMENT or by a written amendment executed by both parties. <br /> <br /> <br /> <br />[Signatures on the next page] <br />
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