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8 <br />10. Governing Law and Venue. This Agreement is governed by the laws of <br />the State of California. Venue shall be in Alameda County, California. <br /> <br />11. Counterparts and Electronic Signature. This Agreement may be <br />executed in counterparts, each of which shall be deemed an original, but all of <br />which, together, when signed by all of the Parties hereto, shall constitute one and <br />the same instrument. An electronic signature shall be as valid as an original. <br /> <br />12. No Third-Party Rights. Nothing contained in this Agreement shall <br />create a contractual relationship with, or cause of action in favor of, any third <br />party (that is not a party to this Agreement) against either District or City. <br /> <br />13. Waiver. Waiver of a breach or default by a Party under this Agreement <br />shall not constitute a continuing waiver of a subsequent breach of the same or any <br />other provision under this Agreement. <br /> <br />14. Warranty of Authority. The individual executing this Agreement on <br />behalf of a Party warrants that he/she is authorized to execute the Agreement on <br />behalf of that Party. <br /> <br />15. Headings and Construction. Headings at the beginning of each <br />paragraph and subparagraph are solely for the convenience of the Parties and are <br />not a part of the Agreement. Whenever required by the context of this Agreement, <br />the singular shall include the plural and the masculine shall include the feminine <br />and vice versa. This Agreement shall not be construed as if it had been prepared <br />by one of the Parties, but rather as if both Parties had prepared the same. Unless <br />otherwise indicated, all references to paragraphs, sections, subparagraphs, and <br />subsections are to this Agreement. <br /> <br />16. Attorney's Fees. If suit is brought by a Party or Parties to enforce any of <br />the terms of this Agreement, the prevailing Party or Parties shall be entitled to <br />recover its or their respective reasonable attorney's fees and costs. <br /> <br />17. Approval of the District Board. This Agreement shall not be binding <br />upon District until District's governing Board has approved all the terms and <br />conditions contained herein. <br /> <br />IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be <br />executed by their duly authorized representatives on the day and year first written <br />above. <br /> <br /> <br />By: ________________________ By: _________________________ <br /> <br /> Gerry Beaudin, City Manager David Haglund, Superintendent <br /> <br />Page 73 of 228