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(b) Nothing in this Agreement is intended to impose any standard of care <br /> respecting the maintenance of the Improvements different from the standard of care imposed by <br /> law. <br /> (c) This Agreement may be amended only in writing signed by both parties. <br /> (d) No waiver of any provision of this Agreement shall be binding unless <br /> executed in writing by the party making the waiver. <br /> (e) The venue for any action to interpret or enforce this Agreement shall be the <br /> Superior Court in Alameda County, California. <br /> IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the <br /> date first written above. <br /> CITY OF PLE ANTON CITY OF LIVERMORE: <br /> • t <br /> PAC <br /> Nelson Fialho, City Manager arc Roberts, City Manager <br /> ATTEST: ATTEST: <br /> r are Diaz, City Cl,/k Susan Neer, City Clerk <br /> • <br /> APPROVED AS TO FORM: APPROVED AS TO FORM: <br /> J oath well, City Attorney Jo omi or, City Attorney <br /> El Chant Maintenance Agreement 092812.docx <br /> El Charm Maintenance Agreement/Livermore/Pleasanton Page 4 of 4 <br />