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Item 17 - Newport Bay Watershed Cooperative Agreement
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Item 17 - Newport Bay Watershed Cooperative Agreement
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8/11/2023 9:41:52 AM
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City Clerk
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Agenda Packet
Agency
Clerk of the Council
Item #
17
Date
2/21/2023
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Agreement No. MA-080-23010376 <br /> <br />Page 9 of 23 <br />Final for Approval <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 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 be <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 as required, to the addresses specified below, provided each <br />Party may change the address for notices by giving the other Parties at least ten (10) days written notice <br />of the new address. Notices shall be deemed received when actually received in the office of the <br />addressee or when delivery is refused, as shown on the receipt of the U.S. Postal service, or other person <br />making the delivery, except that notices sent by electronic mail shall be deemed received on the first <br />business day following transmission. <br />
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