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<br />8.7 Legal Action. In addition to any other rights or remedies, either party may take legal action,
<br />in law or in equity, to cure, correct or remedy any default, to recover damages for any default,
<br />to complete specific performance of this Agreement, to obtain declaratory or injunctive relief,
<br />or to obtain any other remedy consistent with the purposes of the Agreement.
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<br />8.8 Attorneys' Fees. If either party to this Agreement is required to initiate or defend or made a
<br />party to any action or proceeding in any way connected with this Agreement, the prevailing
<br />party in such action or proceeding, in addition to any other relief which may be granted,
<br />whether legal or equitable, shall be entitled to reasonable attorney's fees. Attorney fees shall
<br />include attorney's fees on any appeal, and in addition a party entitled to attorney's fees shall
<br />be entitled to all other reasonable costs for investigating such action, taking depositions and
<br />discovery and all other necessary costs the court allows which are incurred in such litigation.
<br />All such fees shall be deemed to have accrued on commencement of such action and shall be
<br />enforceable whether or not such action is prosecuted to judgment.
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<br />9.0 CITY OFFICERS AND EMPLOYEES
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<br />9.1 Non-liability of City Officers and Employees. No officer or employee of the City shall be
<br />personally liable to the Subrecipient, or any successor in interest, in the event of any default
<br />or breach by the City or for any amount that may become due to the Subrecipient or to its
<br />successor, or for breach of any obligation of the terms of this Agreement.
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<br />9.2 Conflict of Interest. No officer or employee of the City shall have any financial interest, direct
<br />or indirect, in this Agreement nor shall any such officer or employee participate in any decision
<br />relating to the Agreement which affects his/her financial interest or the financial interest of any
<br />corporation, partnership or association in which s/he is, directly or indirectly, interested, in
<br />violation of any State statute or regulation. The Subrecipient warrants that it has not paid or
<br />given and will not pay or give any third party any money or other consideration for obtaining
<br />this Agreement.
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<br />9.3 Indemnify and Hold Harmless. Subrecipient agrees to indemnify, defend, and hold harmless
<br />City and its officers, agents and employees, from any liabilities, claims, suits or actions, losses
<br />or expenses, including attorney fees, caused by, arising out of, or in connection with, either
<br />directly or indirectly, Subrecipient's performance under this Agreement. Nothing herein shall
<br />be construed to require Subrecipient to indemnify the City, its officers, agents and employees
<br />against any responsibility or liability in contravention of Section 2782 of the California Civil
<br />Code.
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<br />10.0 MISCELLANEOUS PROVISIONS
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<br />10.1 Notice. Any notice, demand, request, document, consent, approval, or communication either
<br />party desires or is required to give to the other party or any other person shall be in writing and
<br />either served personally or sent by prepaid first-class mail
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<br />To the City: City of San Leandro
<br /> 835 E. 14th Street
<br /> San Leandro, California 94577
<br /> Attention: Housing Manager
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<br />To the Subrecipient: Service Opportunity for Seniors (SOS Meals on Wheels)
<br />2235 Polvorosa Avenue, Suite 260
<br /> San Leandro, CA 94577
<br /> Attention: Executive Director
<br /> EMAIL: charlie@sosmow.org
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<br />DocuSign Envelope ID: DE6809E0-BB9D-4EB0-9317-8383F19441F1
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