Laserfiche WebLink
recognized overnight courier, with charges prepaid or charged to the sender's account, in which <br /> case notice is effective on delivery if delivery is confirmed by the delivery service. <br /> CITY: City of Pleasanton <br /> 123 Main Street <br /> Pleasanton, CA 94566 <br /> Attention: City Manager <br /> With a copy to: Burke, Williams& Sorensen, LLP <br /> 1901 Harrison Street, 9`l floor <br /> Oakland, CA 94612 <br /> Attention: Susan E. Bloch, Esq. <br /> DEVELOPER: Kottinger Gardens Phase 1 Associates, L.P. <br /> 303 Vintage Park Drive, Suite 250 <br /> Foster City, CA 94404 <br /> Attention: Matthew O. Franklin, President <br /> With a copy to: Gubb& Barshay, LLP <br /> 505 14th Street, Suite 1050 <br /> Oakland, CA 94612 <br /> Attention: Natalie Gubb, Esq. <br /> And with a copy to: MUFG Union Bank,N.A. <br /> 200 Pringle Avenue, Suite 355 <br /> Walnut Creek, CA 94596 <br /> Attention: CDF Head <br /> 12.4 Attorneys' Fees. If either Party fails to perform any of its obligations under this <br /> Agreement, or if any dispute arises between the Parties concerning the meaning or interpretation <br /> of any provision hereof, then the prevailing Party in any proceeding in connection with such <br /> dispute shall be entitled to the costs and expenses it incurs on account thereof and in enforcing or <br /> establishing its rights hereunder, including,without limitation, court costs and reasonable <br /> attorneys' fees and disbursements. <br /> 12.5 Waivers; Modification. No waiver of any breach of any covenant or provision of <br /> this Agreement shall be deemed a waiver of any other covenant or provision hereof, and no <br /> waiver shall be valid unless in writing and executed by the waiving Party. An extension of time <br /> for performance of any obligation or act shall not be deemed an extension of the time for <br /> performance of any other obligation or act, and no extension shall be valid unless in writing and <br /> executed by the Party granting the extension. This Agreement may be amended or modified only <br /> by a written instrument executed by the Parties. <br /> 12.6 Binding on Successors. Subject to the restrictions on Transfers set forth in <br /> Article VIII, this Agreement shall bind and inure to the benefit of the Parties and their respective <br /> permitted successors and assigns. Any reference in this Agreement to a specifically named Party <br /> OAK 44822-6539-6013 v6 39 <br />