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4 <br /> <br />11. No Third-Party Rights. Nothing contained in this Agreement shall create a contractual <br />relationship with, or cause of action in favor of, any third party (that is not a party to this <br />Agreement) against either District or City. <br /> <br />12. Waiver. Waiver of a breach or default by a Party under this Agreement shall not constitute a <br />continuing waiver of a subsequent breach of the same or any other provision under this <br />Agreement. <br /> <br />13. Warranty of Authority. The individual executing this Agreement on behalf of a Party <br />warrants that he/she is authorized to execute the Agreement on behalf of that Party. <br /> <br />14. Headings and Construction. Headings at the beginning of each paragraph and <br />subparagraph are solely for the convenience of the Parties and are not a part of the Agreement. <br />Whenever required by the context of this Agreement, the singular shall include the plural and the <br />masculine shall include the feminine and vice versa. This Agreement shall not be construed as if <br />it had been prepared by one of the Parties, but rather as if both Parties had prepared the same. <br />Unless otherwise indicated, all references to paragraphs, sections, subparagraphs, and <br />subsections are to this Agreement. <br /> <br />15. Attorney's Fees. If a suit is brought by a Party or Parties to enforce any of the terms of this <br />Agreement, the prevailing Party or Parties shall be entitled to recover its or their respective <br />reasonable attorney's fees and costs. <br /> <br />16. Approval of the District Board. This Agreement shall not be binding upon the District <br />until the District's governing Board has approved all the terms and conditions contained herein. <br /> <br />IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by <br />their duly authorized representatives on the day and year first written above. <br /> <br /> <br />By: ________________________ By: _________________________ <br /> Gerry Beaudin, City Manager David Haglund, Superintendent <br /> <br />ATTEST: <br /> <br />By: ________________________ By: _________________________ <br /> Jocelyn Kwong, City Clerk Clerk of the Board of Trustees <br /> <br />Approved as to Form: <br /> <br />By: __________________________ By: _________________________ <br />Daniel Sodergren, City Attorney Attorney for the Pleasanton <br /> Unified School District <br /> <br /> <br />Page 61 of 228