CITY COUNCIL AGENDA PACKET - Laserfiche WebLink

5 12. Notices. Any notice that either party desires to or is required to give to the other Party or any other person shall be in writing and either served personally or sent by prepaid first-class mail. Such notices shall be addressed to the other Party at the address set forth below. Either Party may change its address by notifying the other Party of the change of address. Notice shall be deemed communicated within seventy-two (72) hours from the date of mailing, if mailed as provided in this paragraph. To CITY: To DISTRICT: Gerry Beaudin David Haglund City Manager, City of Pleasanton Superintendent, P.U.S.D. 123 Main Street 4665 Bernal Avenue Pleasanton, CA 94566 Pleasanton, CA 94566 13. Governing Law and Venue. This Agreement is governed by the laws of the State of California. Venue shall be in Alameda County, California. 14. Counterparts and Electronic Signature. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which, together, when signed by all of the Parties hereto, shall constitute one and the same instrument. An electronic signature shall be as valid as an original. 15. No Third-Party Rights. Nothing contained in this Agreement shall create a contractual relationship with, or cause of action in favor of, any third party (that is not a party to this Agreement) against either District or City. 16. Waiver. Waiver of a breach or default by a Party under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this Agreement. 17. Warranty of Authority. The individual executing this Agreement on behalf of a Party warrants that he/she is authorized to execute the Agreement on behalf of that Party. 18. Headings and Construction. Headings at the beginning of each paragraph and subparagraph are solely for the convenience of the Parties and are not a part of the Agreement. Whenever required by the context of this Agreement, the singular shall include the plural and the masculine shall include the feminine and vice versa. This Agreement shall not be construed as if it had been prepared by one of the Parties, but rather as if both Parties had prepared the same. Unless otherwise indicated, all references to paragraphs, sections, subparagraphs, and subsections are to this Agreement. 19. Attorney's Fees. If suit is brought by a Party or Parties to enforce any of the terms of this Agreement, the prevailing Party or Parties shall be entitled to recover its or their respective reasonable attorney's fees and costs. Page 55 of 228