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sNN <br /> 9 . Attorney's Fees. The prevailing party in any action <br /> brought to enforce or construe the terms of this Agreement may <br /> recover from the other party its reasonable costs and attorneys <br /> fees expended in connection with such an action. <br /> 10. Whole of Agreement. The parties have set forth herein <br /> the whole of their agreement. The performance of this agreement <br /> constitutes the entire consideration for the conveyances <br /> described herein and shall relieve the City of all follow <br /> obligations or claims on this account. <br /> ** THIS AGREEMENT is entered into as of the day and year first <br /> above written. <br /> PETER KIEWIT SONS ' CO <br /> 2�0? s <br /> By: Its Wrized Agent <br /> CITY OF LEASANTON <br /> l; <br /> By <br /> F nk C. Brander, J�.., ayor <br /> ATTEST: <br /> a es R. Walker, City Clerk <br /> APPROVED AS TO FORM: <br /> Ue te4rD. MacDonald, ity Wto ney <br /> ATTACH ACKNOWLEDGEMENTS <br /> ** 11. Survival . The effectiveness of the representations , <br /> warranties , covenants and agreements of the parties hereto contained <br /> herein shall survive the closing and shall not be deemed to merger <br /> upon delivery and acceptance of the deed from Owner for the property. <br />