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<br />must be in writing, signed, and approved by the City and Applicant. The Applicant may
<br />suspend or cancel this Agreement without cause and for its convenience upon seven (7) days'
<br />written notice to the City. In the event of a termination, Consultant shall be paid for services
<br />performed to the date of termination.
<br />
<br />5. Progress Meetings. Coordination meetings will be scheduled with the City, Consultant
<br />and Applicant every two (2) weeks from the effective date of this agreement to assess the
<br />project, validate assumptions, and review and update the contract scope or budget, if needed.
<br />
<br />6. Disputes. Disputes arising under this Agreement shall be filed with the City Manager,
<br />who shall be authorized to resolve such disputes. Any decision made by the City Manager with
<br />respect to this Agreement may be appealed to the City Council. Any such appeal to the City
<br />Council must be made in writing and addressed to the City Council. Final action of the City
<br />Council shall be required before legal action pursuant to this Agreement may be instituted.
<br />Notwithstanding the foregoing, either party may, in addition to any other rights or remedies,
<br />institute legal action to cure, correct or remedy and default, enforce any covenant or agreement
<br />herein, enjoin any threatened or attempted violation or enforce by specific performance the
<br />obligations and rights of the parties hereto. In such event, the prevailing party shall be entitled to
<br />its attorneys’ fees and costs, if any, in addition to any other relief to which such party may be
<br />entitled.
<br />
<br />7. Notice. Any notices required or permitted to be given hereunder shall be given in writing
<br />and shall be delivered by U.S. Mail, with a courtesy copy provided by e-mail. Such notices shall
<br />be addressed as follows:
<br />
<br />
<br /> If to City: City Manager If to Applicant: USL Pleasanton Lakes, L.P.
<br /> City of Pleasanton c/o Steelwave, LLC
<br /> P.O. Box 520 101 California Street, Suite 800
<br /> Pleasanton, CA 94566 San Francisco, CA 94111
<br /> Attention: Bridget Metz
<br />Vice President, Entitlement and
<br />Development Services
<br />Phone: 925-364-0898
<br /> E-mail: bmetz@steelwavellc.com
<br />
<br />8. Applicable Law and Venue. The laws of the State of California shall govern the
<br />interpretation and enforcement of this Agreement, and venue shall be the Alameda County
<br />Superior Court.
<br />
<br />9. Successors-In Interest. Except as otherwise provided in this Agreement, for the term of
<br />this Agreement, all of the provisions, rights, powers, terms, covenants, and other obligations
<br />contained in this Agreement shall be binding upon the parties and their respective heirs,
<br />successors (by merger, consolidation, or otherwise) and assigns, devisees, administrators,
<br />representatives, lessees, and all other persons or entities acquiring the Property, or any portion
<br />thereof, or any interest therein, whether by sale, operation of law or in any manner whatsoever,
<br />and shall inure to the benefit of the parties and their respective heirs, successors (by merger,
<br />consolidation or otherwise) and assigns.
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<br />Docusign Envelope ID: 690325A4-3336-81C2-8242-11FFFF9D16B6Docusign Envelope ID: 3409F5DB-F5DB-88A6-80A5-4CC73E4C4B87
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