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• ~ <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 attorney's <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 />** <br />THIS AGREEMENT is entered into as of the day and year first <br />above written. <br />PETER KIEWIT SONS' CO <br />~i~ d <br />By: Its~~,u orized Agent <br />CITY OF LEASANTON <br />F nk ~C. Brander, Jr~,;~,~ I~fayor <br />ATTEST: <br />(~ <br />a es R. Walker, City Clerk <br />APPROVED AS TO FORM: <br />~~~ ~~ <br />e er D. MacDonald, ity Attorney <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 />