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• s <br />If to Buyer: <br />City of Pleasanton <br />P.O. Box 520 <br />Pleasanton, California <br />94566-0802 <br />With a copy to: (attorney) <br />Bernard J. Vogel, Jr. <br />255 North Market Street #190 <br />San Jose, California <br />95110 <br />Either party may change its address for the purpose of this <br />Section by giving written notice of such change to the other <br />party in the manner herein provided. <br />10.2. Attorney's Fees. If that any party shall <br />bring an action in connection with .the performance, breach or <br />interpretation of this Agreement, or in any way relating to the <br />transactions contemplated hereby, the prevailing party in such <br />action shall be entitled to recover from the losing party all <br />reasonable costs and expenses of litigation, including <br />attorneys' fees, court costs, costs of investigation, <br />accounting, and other costs reasonably related to such <br />litigation, in such amount as may be determined by the court <br />having jurisdiction. <br />10.3 Waiver. No waiver of any of the <br />provisions of this Agreement shall be valid and enforceable <br />unless such waiver is in writing and signed by the party to be <br />charged, and, unless otherwise stated therein, no such waiver <br />shall constitute a waiver of any other provision hereof <br />(whether or not similar) or a continuing waiver. <br />10.4 Amendments. This Agreement .may be amended <br />or modified only by a written instrument executed by Buyer and <br />Seller. <br />10.5. Governing Law. This Agreement and all <br />disputes hereunder shall be construed in accordance with, and <br />governed by, the laws of the State of California as applied to <br />contracts made and to be performed entirely in California <br />between residents of California. <br />10.6. Negotiation. The provisions of this <br />Agreement were negotiated by all the parties hereto. <br />10.7. Counterparts. This Agreement may be <br />executed in counterparts, each of which shall be deemed to be <br />an original, and which together shall constitute a single <br />document. <br />-6- <br />