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warranties given or made to the other party under this Agreement or any provision in this <br /> Agreement will not be affected by this Agreement expiration or termination <br /> 16.11 Only CITY or ENCROACHER may seek enforcement of this Agreement. This <br /> Agreement is not intended to (and shall not be construed to) give any third party, which includes <br /> without limitation any third party utility providers, Telecommunications Service providers,Video <br /> Service providers or ENCROACHER's customers,any right,title or interest in this Agreement or <br /> the real or personal property(ies)that may be affected by this Agreement. <br /> 16.12 ENCROACHER acknowledges that CITY is a public entity under the laws of the <br /> State of California. Furthermore,the parties acknowledge that this Agreement constitutes a public <br /> record that CITY must publicly disclose under (i) the California Public Records Act, California <br /> Government Code §§ 6250 et seq.; (ii) Title 17, California Code of Regulations §§ 91000 et seq.; <br /> (iii)Article I, § 3,of the California State Constitution;and(iv)any other applicable Laws that may <br /> require CITY to disclose public records. <br /> 16.13 Any claim for money damages by ENCROACHER against CITY hereunder will <br /> be subject to California Government Code §§ 810 et seq. (the"Government Claims Act"). <br /> (signatures on next page) <br /> {00053614;%1} -20- <br />