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the City of Pleasanton who shall have no <br /> obligations to Volk- McLain." <br /> (f) By this section the DISTRICT and the CITY acknowl- <br /> edge that the contingency in the second paragraph <br /> of paragraph 14 (3)(d) of the Agreement shall have <br /> no further force and effect and DISTRICT and CITY <br /> waive any right to void the Agreement pursuant <br /> to that section." <br /> Section 2. Should the settlement agreement between the <br /> DISTRICT and Volk- McLain fail to be completed for any reason, <br /> the DISTRICT shall promptly return to the CITY any moneys <br /> paid by CITY to DISTRICT pursuant to this agreement or to <br /> the Agreement of May 30, 1978, and upon receipt by the CITY <br /> of said payments, this agreement shall have no further <br /> force and effect. <br /> Section 3. Time is of the essence of this agreement. <br /> IN WITNESS WHEREOF, the parties have caused this agreement <br /> to be executed by their respective officers thereunder authorized <br /> as of the day and year first above written. <br /> ATTEST: CITY 1' PL AN OI /Rated <br /> ,IA -42e% 4 -t_ r /4P// <br /> Doris George, Deputy City Clerk <br /> 'NR. MERCER, yor <br /> APPROVED AS TO FORM: ae <br /> :`:C C TO E. BROWN, City Manager <br /> arvey E, Levine, City Attorney U., C-K 4- <br /> ALAN B. CAMPBELL, Director of <br /> Public Works and Utilities <br /> ATTEST: DUBLIN SAN RAMON SERVICES DISTRICT <br /> p i //1,l_ (I e r- <br /> ta 3essfrg R. H. FAHEY, Presid:nt <br /> District Sec etary Board of Dire ,,ma�y <br /> 'r_ t <br /> APPROVED AS TO FPI}M; PS L RYAN, Goner. Manager <br /> f <br /> -3- <br /> C <br />