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<br />Section 9. Amendments. <br />Any amendment, modification, suspension or cancellation of this Agreement must <br />be in writing, signed by the appropriate authorities for City and Owners, and in a form <br />suitable for recording in the office of the Recorder of Alameda County, California. <br />Section 10. Disputes. <br />Disputes arising under this Agreement shall be filed with the City Manger, who <br />shall be authorized to resolve such disputes. Any decision made by the City Manager <br />with respect to this Agreement may be appealed to the City Council. Any such appeal to <br />the City Council must be made writing and addressed to the City Council. Final action of <br />the City Council shall be required before legal action pursuant to this Agreement may be <br />instituted. In such event, the prevailing party shall be entitled to its reasonable attorney's <br />fees and costs, if any, in addition to any relief to which the party may be entitled. <br />Section 11. Applicable Law. <br />The laws of the State of California shall govern the interpretation and <br />enforcement of this Agreement. Any action to enforce this agreement shall be filed in the <br />Livermore-Pleasanton Municipal Court, or the Eastern Division of the Superior Court of <br />the County of Alameda. <br />Section 12. Enforcement. <br />The City shall use its best efforts to prevent new and existing property owner(s) of <br />the Benefited Properties from utilizing the improvements without paying the <br />Reimbursable Cost, and shall not issue necessary permits, licenses, nor consent for such <br />use without payment of the required Reimbursable Cost. If, despite the City's good faith <br />efforts, use of the Improvement by new or existing owner(s) of the Benefited Properties <br />should occur without payment of the required Reimbursable Cost, City shall not be <br />responsible for payment of the amount which would have been paid to Owners, provided <br />that Owners shall be entitled, and is hereby authorized by the City, to pursue collection of <br />such fees by means of a private right of action or any other lawful means, against the <br />property owner or the party using the Improvement without payment of the Reimbursable <br />Cost. City agrees to participate in and to cooperate with and assist Owners in any such <br />action, upon request of Owners. In that event, Owners shall indemnify and hold City <br />harmless from any third party claims against the City in connection with the collection of <br />the Reimbursable Cost pursuant to this Agreement. <br />Section 13. Entire Agreement. <br />This Agreement and its exhibits constitute the entire understanding and agreement <br />of the parties. This Agreement and exhibits integrate all of the terms and conditions <br />mentioned herein or incidental hereto, and constitute the entire understanding of the <br />parties with respect to the subject matter thereof; and all prior written agreement, <br />