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4. If the Assessment District <br />and bonds sold, PRUDENTIAL shall be <br />for al.l its costs incurred pursuant <br />those costs are included as part of <br />formed. Reimbursement by CITY shall <br />after sale of the bonds. <br />contemplated above is formed <br />reimbursed or credited by CITY <br />to~this agreement, provided that <br />the Assessment District actually <br />be made within thirty (30) days <br />5. In the event no Assessment District contemplated herein <br />is formed, all costs and/or obligations incurred prior to the sale <br />of bonds, those costs not reimbursable by the Assessment District shall <br />be the sole responsibility of PRUDENTIAL. <br />6. If either Harty commences an action against the other to <br />enforce or interpret this agreement, the prevailing party shall be <br />entitled to have and recover reasonable attorney's fees and costs <br />of suit from the party not prevailing. <br />THIS AGREEP^ENT is entered into as of the day and year first <br />above written. <br />THE PRUDENTIAL INSURANCE <br />COMPANY OF AMERICA <br /> <br />CITY OF PLEASANTON <br />BY _ - <br />Robert E. Butler, Mayor <br />ATTEST: <br />mes R. Walker, City Clerk <br />APPROVED AS TO FORP1: <br />~.l-C. <br />Peter D. MacDonald, Ci y Attorney <br />-2- <br />