Laserfiche WebLink
20 Civic Center Plaza (M-29) <br />P.O. Box 1988 <br />Santa Ana, California 92702 <br />To Owner: XXXXXX <br />3.14 Attorneys' Fees and Costs. Should the City or Owner bring any action or <br />proceeding against the other, and if such action or proceeding is related to the interpretation or <br />enforcement of this Agreement or in any way relates to or arises due to the existence of this <br />Agreement, then the prevailing party in that action or proceeding shall be entitled to recover <br />from the non -prevailing party, in addition to all other relief to which the prevailing party may be <br />entitled, its actual litigation costs and -attorneys' and expert witness fees. The "prevailing party" <br />shall be as determined by the court in accordance with the provisions of California Code of Civil <br />Procedure Section 1032. Recoverable litigation costs and attorneys' fees include those incurred <br />by the prevailing party in the enforcement of any judgment or other judicial order, and during the <br />defense of any appeal taken from such underlying judgment or other judicial order. <br />3.15 Entire Agreement. This Agreement constitutes the entire agreement of City and <br />Owner and supersedes all previous agreements, oral or written, on the subject matter of this <br />Agreement. <br />3.16 Modification. This Agreement may be amended or modified only by an <br />agreement in writing signed by each of the parties hereto. <br />3.17 Headings. Section headings contained in this Agreement are for convenience <br />only, and shall not impact the construction or interpretation of any provision. <br />3.18 Severability. If any provision or clause of this Agreement or any application of it <br />to any person, firm, organization, partnership or corporation is held invalid, such invalidity shall <br />not affect any other provision of this Agreement, and the Agreement shall be construed as if such <br />provisions or clauses did not exist. <br />3.19 Time is of the Essence. Time is of the essence in this Agreement. <br />3.20 No Third Party Beneficiaries. This Agreement and the performance of the <br />City's and Owner's obligations hereunder are for the sole and exclusive benefit of the City and <br />Owner. No person or entity who or which is not a signatory to this Agreement shall be deemed <br />to be benefited or intended to be benefited by any provision hereof, and no such person or entity <br />shall acquire any rights or causes of action against either the City or Owner hereunder as a result <br />of the City's or Owner's performance or nonperformance of their respective obligations under <br />this Agreement. <br />[Signatures on Following Page] <br />6 <br />25E-10 <br />