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<br />Legal Services Agreement between City of San Leandro and Last revised 04/24/2021 <br />Bertrand, Fox, Elliot, Osman & Wenzel for Legal Representation Page 14 of 18 <br />of City or as part of any audit of the City, for a period of 3 years after final <br />payment under the Agreement. <br /> <br />Section 10. MISCELLANEOUS PROVISIONS. <br /> <br />10.1 Attorneys’ Fees. If a party to this Agreement brings any action, including <br />an action for declaratory relief, to enforce or interpret the provision of this <br />Agreement, the prevailing party shall be entitled to reasonable attorneys’ <br />fees in addition to any other relief to which that party may be entitled. The <br />court may set such fees in the same action or in a separate action brought <br />for that purpose. <br /> <br />10.2 Venue. In the event that either party brings any action against the other <br />under this Agreement, the Parties agree that trial of such action shall be <br />vested exclusively in the state courts of California in the County of <br />Alameda or in the United States District Court for the Northern District of <br />California. <br /> <br />10.3 Severability. If a court of competent jurisdiction finds or rules that any <br />provision of this Agreement is invalid, void, or unenforceable, the <br />provisions of this Agreement not so adjudged shall remain in full force and <br />effect. The invalidity in whole or in part of any provision of this Agreement <br />shall not void or affect the 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 <br />provision of this Agreement does not constitute a waiver of any other <br />breach of that term or any other term of this Agreement. <br /> <br />10.5 Successors and Assigns. The provisions of this Agreement shall inure to <br />the benefit of and shall apply to and bind the successors and assigns of <br />the Parties. <br /> <br />10.6 Use of Recycled Products. Attorney shall prepare and submit all reports, <br />written studies and other printed material on recycled paper to the extent <br />it is available at equal or less cost than virgin paper. <br /> <br />10.7 Conflict of Interest. Attorney may serve other clients, but none whose <br />activities within the corporate limits of City or whose business, regardless <br />of location, would place Attorney in a “conflict of interest,” as that term is <br />defined in the Political Reform Act, codified at California Government Code <br />Section 81000 et seq. <br /> <br />Attorney shall not employ any City official in the work performed pursuant <br />to this Agreement. No officer or employee of City shall have any financial <br />437