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officials, employees or agents, in the use or maintenance of the roadway improvements <br />and roadway easement. <br />7. General Provisions. <br />(a) Entire Agreement. This Agreement constitutes the entire <br />agreement between the parties hereto pertaining to the subject matter hereof, and <br />supersedes all prior or contemporaneous agreements, understandings, negotiations and <br />discussions, whether oral or written, between the parties in connection with subject <br />matter hereof. <br />(b) Amendment of Agreement. No amendment or other modification <br />to any term or provision of this Agreement shall be effective unless set forth in writing <br />and executed by both parties hereto. <br />(c) Duration. This Agreement shall remain in full force and effect for <br />so long as the City maintains a roadway easement across District property at Parcel A. <br />(d) Venue. The venue for any action to interpret or enforce the terms <br />of this Agreement shall be the appropriate court in Alameda County, California. <br />(e) Attorneys' Fees. In the event either party hereto shall commence <br />legal proceedings against the other to enforce the provisions of this Agreement, to declare <br />rights or obligations hereunder, or to resolve any controversy, claim or dispute regarding <br />the terms and provisions of this Agreement, the prevailing party shall be entitled to <br />recover from the losing party its costs of suit, including reasonable attorneys' fees, as <br />may be fixed by the court. <br />IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of <br />the date first hereinabove written. <br />CITY OF PLEASANTON <br />~~ <br />City Manager <br />EAST BAY REGIONA <br />P DIST <br />Di ct Manager <br />Attest: <br />f <br />~/~ '2~J <br />Pegg d ity Cl~ c <br />Attest: <br />G t e~rk o -4 -~N.~ 6oarcQ <br />3 <br />