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and recreational facilities' needs created by the employees of the businesses which occupy <br /> or will occupy the Property. <br /> 4. Owner shall defend, indemnify, and hold harmless, the City and its officers <br /> and employees from and against all claims, losses, damage, injury, and liability for <br /> damages arising out of Owner's assignment of its surplus and/or reimbursement to satisfy <br /> its park condition. <br /> 5. The prevailing party in any action brought to enforce or construe the terms <br /> of this Agreement may recover from the other party its reasonable costs and attorney's <br /> fees expended in connection with such an action. <br /> 6. This writing constitutes the entire agreement between the parties relative to <br /> the satisfaction of the park condition and modification hereof shall not be effective unless <br /> and until such modification is evidenced by a written amendment signed by both parties <br /> to this Agreement. <br /> THIS AGREEMENT executed the date and year first above written. <br /> CITY OF PLEASANTON <br /> By: <br /> Deborah Acosta, City Manager <br /> O <br /> J TONG <br /> r <br /> ATTEST: <br /> Pegg/flf'zido'Citytlerk <br /> APPROVED AS TO FORM: <br /> Michael H. Roush, City Attorney <br /> (PARKTONG.SAM) 3 <br />