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<br />Legal Services Agreement between City of San Leandro and Last revised 12/01/2021 <br />Allen, Glaessner, Hazelwood, & Werth for Legal Representation Page 13 of 17 <br />documents are confidential and will not be released to third parties without <br />prior written consent of both Parties. <br /> <br />9.2 Attorney’s Books and Records. Attorney shall maintain any and all <br />ledgers, books of account, invoices, vouchers, canceled checks, and other <br />records or documents evidencing or relating to charges for services or <br />expenditures and disbursements charged to the City under this Agreement <br />for a minimum of 3 years, or for any longer period required by law, from <br />the date of final payment to the Attorney to this Agreement. <br /> <br />9.3 Inspection and Audit of Records. Any records or documents that <br />Subsection 9.2 of this Agreement requires Attorney to maintain shall be <br />made available for inspection, audit, a nd/or copying at any time during <br />regular business hours, upon oral or written request of the City. Under <br />California Government Code Section 8546.7, if the amount of public funds <br />expended under this Agreement exceeds $10,000.00, the Agreement shall <br />be subject to the examination and audit of the State Auditor, at the request <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 />DocuSign Envelope ID: 659DF64A-47CB-44D0-B5E7-1900E5D5ABF8