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J. The insurer shall agree to waive all rights of subrogation against the City, its officers, <br />officials, employees, officials and agents for losses arising from work performed by the <br />Subdivider. <br />K. The insurer shall provide the amount of self -insured retention and City shall have the <br />right to disapprove insurance coverage if it deems the self -insured retention exceeds <br />reasonable deduction. <br />13. Attomey's Fees. In the event that either party shall file and prevail in any action or suit for <br />the enforcement of any of its rights under this Agreement, the non -prevailing party shall pay to <br />the prevailing party reasonable attorney's fees and costs as may be fixed by the court on account <br />thereof. <br />14. Notices. All notices herein required shall be in writing and shall be delivered in person or <br />sent by certified mail, postage prepaid. Notices required to be given to City shall be addressed as <br />follows: <br />City Manager Michael Carey and Theresa Carey <br />City of Pleasanton P. O. Box 584 <br />P.O. Box 520 Sunol, CA 94586-0564 <br />Pleasanton, CA 94566 <br />Attn: Michael Carey <br />15. Bindingon Land and Successors. All covenants, promises and agreements contained in <br />this Agreement shall pertain to and do hereby expressly run with the land controlled by <br />Subdivider and described herein. This Agreement shall bind and inure to the parties hereto, <br />including heirs, assigns, executors, administrators, and all other parties whether they succeed by <br />operation of law or voluntary acts of Subdivider. <br />16. Applicable Law. This Agreement shall be subject to the laws of California and any action to <br />enforce the terms of this Agreement shall be filed in the Alameda County Superior Court. <br />This Agreement is executed as of the date and year first written above. <br />Subdivision Agreement <br />Parcel Map 10530 by Michael and Theresa Carey Page 6 of 7 <br />