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25K - AGMT NEWPORT BAY WATERSHED PROG
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08/21/2018
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25K - AGMT NEWPORT BAY WATERSHED PROG
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Last modified
8/16/2018 7:24:41 PM
Creation date
8/16/2018 7:20:54 PM
Metadata
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City Clerk
Doc Type
Agenda Packet
Agency
Public Works
Item #
25K
Date
8/21/2018
Destruction Year
2023
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Agreement No. MA -080-18011416 <br />Section 16. REFERENCE TO CALENDAR DAYS. Any reference to the word "day" or "days" <br />herein shall mean calendar day or calendar days, respectively, unless otherwise expressly provided, <br />Section 17. ATTORNEY'S' FEES. In any action or proceeding brought to enforce or interpret any <br />provision of this Agreement, or where any provision hereof is asserted as a defense, each Party shall bear <br />its own attorney's fees and costs. <br />Section 18. ENTIRE AGREEMENT. This Agreement is intended by the Parties as a final <br />expression of their agreement and intended to be a complete and exclusive statement of the agreement <br />and understanding of the Parties hereto in respect of the subject matter contained herein. There are no <br />restrictions, promises, warranties or undertakings, other than those set forth or referred to herein. This <br />Agreement supersedes all prior agreements and understandings between the Parties with respect to such <br />matter. <br />Section 19. SEVERABILITY. If any part of this Agreement is held, determined or adjudicated to <br />be illegal, void, or unenforceable by a court of competent jurisdiction, the remainder of this Agreement <br />shall be given effect to the fullest extent reasonably possible. <br />Section 20. SUCCESSORS AND ASSIGNS. The terms and provisions of this Agreement shall he <br />binding upon and inure to the benefit of the Parties hereto and their successors and assigns. <br />Section 21, NOTICES. All notices required or desired to be given under this Agreement shall be <br />in writing and (a) delivered personally, or (b) sent by certified mail, return receipt requested or (c) sent by <br />electronic mail followed by a mailed copy, to the addresses specified below, provided each Party may <br />change the address for notices by giving the other Parties at least ten (10) days written notice of the new <br />address. Notices shall be deemed received when actually received in the office of the addressee or when <br />delivery is refused, as shown on the receipt of the U.S. Postal service, or other person making the <br />delivery, except that notices sent by electronic mail shall be deemed received on the first business day <br />following transmission. <br />Page 9 of 23 <br />V6-13-2018 Final for Approval <br />25K-15 <br />
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